Legal Statement
Please take a few moments to read these terms and conditions prior
to ordering any goods from this Web Site. These terms and conditions govern
the use of this Web Site and the purchase of any goods from it.
Should you have any questions or wish to clarify the meaning of any
of these terms and conditions, please contact Multimedia Entertainment
on +613 9891-3330 or info@multient.com.au.
Acknowledgment
Pricing Information
Information you provide to us
General
Ordering goods
Delivery
Returns
Security
Links to other web sites
Copyright
Reviews and comments
Virus warning
Release and indemnity
Applicable law
Limitation of liability
Disclaimer
Acknowledgment and acceptance of terms and conditions
The DrLoops.com website is owned and operated by Multimedia Entertainment
(ABN: 64998566239 ). By accessing, browsing or using this Web Site, you
agree to these terms, conditions and disclaimers as amended from time to
time ("Terms & Conditions") and acknowledge that you have read and
understood these Terms and Conditions. By purchasing an item from this
Web Site and/or by completing the registration process to become a member
of DrLoops.com ("a Member"), you expressly agree to be bound by these Terms
and Conditions.
Multimedia Entertainment may amend these Terms and Conditions from time
to time without notice. Any amendment will be effective immediately. Your
continued use of this Web Site after any amendment becomes effective constitutes
an agreement by you to abide and be bound by these Terms and Conditions,
as so amended.
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Pricing Information
Most goods and services attract GST at 10% if delivered in Australia.
The GST-inclusive price is the price that appears on the site and when
added to yourorder. If the delivery address is outside Australia,
the GST component of each price is deducted at the checkout, before you
are asked to submit payment.
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Information you provide to us
You agree to:
-
provide certain current, complete, and accurate information about yourself
as prompted to do so by this Web Site; and
-
maintain and update this information as required to keep it current, complete
and accurate.
All information provided by you when you sign up to become a Member or
which you provide when placing an order is referred to in these Terms and
Conditions as "User Information". When you provide any User Information
you are representing and warranting that all of the information provided
is true and correct and are agreeing to indemnify Multimedia Entertainment
for any losses, costs expenses or damages that Multimedia Entertainment
may suffer if any of this information is not correct.
You should review the DrLoops Privacy Statement for further information
concerning the collection and usage of User Information. You grant to Multimedia
Entertainment the right to disclose aspects of your User Information as
expressed in the DrLoops Privacy Statement.
You must not transmit or attempt to transmit any material of any kind
to this Web Site which contains a virus, malicious computer code or other
harmful component or otherwise attempt to alter any of the content on this
Web Site.
If any User Information provided by you is incomplete or inaccurate
or you attempt to transmit any material of any kind to this Web Site which
contains a virus, malicious computer code or another harmful component
or you otherwise attempt to alter any of the content of this Web Site,
or you are otherwise in breach of these Terms and Conditions, Multimedia
Entertainment retains the right to terminate your rights to purchase products
or services from this Web Site and to prosecute you to the fullest extent
of the law.
You acknowledge and consent to the disclosure by Multimedia Entertainment
to any law enforcement agency in any jurisdiction that is investigating
any breach or suspected breach of any law in any jurisdiction of your identity
or other information provided by you to this Web Site, upon being requested
to do so by that law enforcement agency.
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General
The products and services offered for sale by DrLoops and Multimedia
Entertainment are only available to individuals who can make legally binding
contracts. The products and services are not available to persons under
the age of 18 years old and any other persons who are legally prohibited
from entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web
Site will be subject to civil and criminal prosecution Multimedia Entertainment
cannot guarantee that it will notice or be able to prevent any illegal
or inappropriate use of this Web Site, nor can Multiemedia Entertainment
guarantee that it will give notice of any illegal or inappropriate use
of this Web Site.
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Ordering goods
Any order placed by you in the manner described in this Web Site is
an offer by you to purchase a particular product or service for the price
(including the delivery and other charges) specified in this Web Site at
the time you place your order. Multimedia Entertainment reserves the right
to accept or reject your offer for any reason, including, without limitation,
the unavailability of any product, an error in the price or the product
description posted on this Web Site, or an error in your order. There may
be reasons why Multimedia Entertainment cannot fulfill your order. Therefore,
your contract with Multimedia Entertainment only comes into existence
when Multimedia Entertainment advises you that it has accepted your order
and receipt of your payment has been confirmed.
Prices of products and services and delivery and other charges displayed
on this Web Site are current at the time of issue, but may change at any
time and are subject to availability. The availability of products and
services may change from time to time.
Multimedia Entertainment will retain title to the products you order
until you have made payment in full for those products, but all risk in
the products will pass to you on dispatch from Multimedia Entertainment's
[distribution centre].
You are responsible for any taxes, duties or other liabilities imposed
by any governmental agency, including without limitation, any customs duty,
goods and services taxes or any value added tax imposed on any products
or services acquired or ordered by you from this Web Site.
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Delivery
DrLoops and Multimedia Entertainment endeavor to deliver products ordered
within 1 month of purchase once customer information has been validated,
paid for, and on conditions of product availability. The delivery times
given are indicative only. Multimedia Entertainment will not be liable
for any failure to observe these delivery times. You understand and agree
that you shall not be entitled to withdraw or modify any commitment made
for the purchase of products from this Web Site once that commitment has
been made for any reason, including without limitation, due to any delay
in delivery.
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Returns
Return requests must be reported within 1 week of the customer receiving the
product. The customer must email drloops@drloops.com to lodge a request for
return of product indicating a valid reason. Product(s) can only be returned in rare cases of the product
being faulty or damaged through means of postage. Product returns will be denied when customer misuse is suspected, including and not limited to; incorrect personal computer operating system, hardware specifications, or illegal tampering.
It is the discretion of Multimedia Entertainment to determine whether reports are valid
and deemed reasonable for return. In such cases, a replacement copy of the
product will be sent out to the customer upon Multimedia Entertainment receiving the unsatisfactory product. Under no circumstance is a refund given out to customers, unless deemed a necessity by Multimedia Entertainment.
You agree to be bound by the terms of the returns policy and Multimedia Entertainment's liability is limited
as expressed in that policy and these Terms and Conditions.
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Security
Under accepted codes of conduct operating within the banking industry,
your bank cannot hold you liable for more than $50.00 of fraudulent charges,
unless your actions have contributed to the unauthorised use of your credit
card. In the event of unauthorised use of your credit card, you must notify
your credit card provider in accordance with its reporting rules and procedures.
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Links to other web sites
This site contains links to Web Sites maintained by other companies
and organisations. Multimedia Entertainment and DrLoops does not make any
representation as to the accuracy of information contained on those Web
Sites and will not accept any responsibility for the accuracy, ownership
or any other aspect of the information contained on those Web Sites.
This Web Site also contains third party advertisements (including banner
ads and referral buttons) which contain embedded hyperlinks to Web Sites
operated by third parties. All third party advertising is paid for by the
relevant third party advertisers and the placement of third party advertisements
on this Web Site does not constitute a recommendation or endorsement by
Multimedia Entertainment the products or services advertised. The third
party advertiser is solely responsible to you for any representations or
offers made by it and for the delivery of any goods or services you agree
to purchase from any third party Web Site.
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Copyright
Unless otherwise indicated, copyright in the information on this Web
Site is owned by Multimedia Entertainment. All rights reserved. This site
or any portion of this site may not be reproduced, duplicated, copied,
sold, re-sold or otherwise exploited for any commercial purpose that is
not expressly permitted by Multimedia Entertainment. You may download a
single copy of the information on this Web Site and, where necessary for
its use as a reference, keep a temporary copy in your computers cache
and make a single hard copy of that information. Except as permitted under
the Copyright Act 1968 (Cth) or other applicable laws, no part of the information
contained on this Web Site may be otherwise reproduced, adapted, performed
in public or transmitted in any form by any process (graphic, electronic
or mechanical, including further copying, recording, taping or by a storage
and information retrieval system) without the specific prior written consent
of Multimedia Entertainment.
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Review and comments
DrLoops.com sometimes enables visitors to its sites to post reviews of and comments
on products featured on this Web Site. If you post reviews or comments
on this Web Site, you grant to Multimedia Entertainment, its related bodies
corporate, its directors, officers and employees a non-exclusive, royalty
free, perpetual, irrevocable and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute
and display such reviews and comments throughout the world in any media.
You expressly waive in favour of Multimedia Entertainment and any other
person authorised by Multimedia Entertainment all moral and similar rights
in any jurisdiction which you have or acquire in respect of such reviews
and comments. You also grant to Multimedia Entertainment and its related
bodies corporate, directors, officers, employees and sub-licensees the
right to use and publish your name, which you will be required to submit
with any review or comment, in connection with that review or comment.
You agree not to post any review or comment that contains any unlawful,
criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic,
profane or indecent information or material of any kind or which violates
or infringes upon the rights of any person. If you do, you agree to indemnify
Multimedia Entertainment for any losses, costs, expenses or damages that
Multimedia Entertainment may suffer as a result.
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Virus warning
Multimedia Entertainment does not represent that any information (including
any file) obtained from or through this Web Site is free from computer
viruses or other faults or defects. It is your responsibility to scan any
such information for computer viruses. Multimedia Entertainment will not
be liable to you or to any other person for any loss or damage (whether
direct, indirect, consequential or economic), however caused and whether
by negligence or otherwise, which may result directly or indirectly from
any such information. To the extent that any applicable law that cannot
be excluded imposes any liability on Multimedia Entertainment, that liability
shall be limited to the cost of re-supplying that information.
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Release and indemnity
You hereby waive, release, forgive, discharge and relinquish any and
all claims that you now have or may have against Multimedia Entertainment,
its related bodies corporate, directors, employee, agents and representatives
which are connected with, arise out of, relate to or are incidental to
any transaction.
You hereby agree to indemnify, defend and hold Multimedia Entertainment,
its related bodies corporate, directors, employees, agents and representatives
harmless from and against any and all claims, loss, damage, tax, liability
and/or expense that may be incurred by Multimedia Entertainment, its related
bodies corporate, directors, employees, agents and representatives arising
out of or in connection with the performance of its duties as described
in these Terms and Conditions including the legal costs, fees and expenses
of defending itself against any claim by any or all of the parties to any
transaction and/or by any other person and/or as a result of you taking
any action or refraining from taking any action or instituting or defending
any action or legal proceeding.
You further agree to indemnify and hold Multimedia Entertainment, its
related bodies corporate, directors, employees, agents and representatives
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of this Web Site,
the violation of these Terms and Conditions by you, or the infringement
by you, or other user of this Web Site using your user ID, of any intellectual
property or other right of any person or entity.
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Applicable law
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of Victoria, Australia. You and Multimedia Entertainment
agree to submit to the exclusive jurisdiction of the courts of the state
of Victoria. If any provision(s) of these Terms and Conditions is held
by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of
the parties with the other provisions remaining in full force and effect.
Multimedia Entertainment's failure to exercise or enforce any rights or
provisions of these Terms and Conditions shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by Multimedia
Entertainment in writing.
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Limitation of liability
Multimedia Entertainment will in no way be liable for any direct, indirect,
incidental, special or consequential damages, resulting from your use or
your inability to use this Web Site or for the cost of procurement of substitute
products or services or resulting from any products or services purchased
or obtained or messages received or transactions entered into through this
Web Site or resulting from unauthorised access to or alteration of your
transmissions or data or of any information contained on this Web Site,
including but not limited to, damages for loss of profits, use, data or
other intangible, even if Multimedia Entertainment has been advised of
the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any
term, condition or warranty, and that Act avoids or prohibits provisions
in a contract excluding or modifying the application of or exercise of,
or liability under such term, condition or warranty, such term, condition
or warranty shall be deemed to be included in these Terms and Conditions,
however, the liability of Multimedia Entertainment for any breach of such
term, condition or warranty shall be limited, at the option of Multimedia
Entertainment, to any one or more of the following:
(a)if the breach relates to goods:
(i)the replacement of the goods or supply of equivalent
goods;
(ii)the repair of such goods;
(iii)the payment of the cost of replacing the goods
or of acquiring equivalent goods; or
(iv)the payment of the cost of having the goods
repaired; and
(b)if the breach to services:
(i)the supplying of the services again; or
(ii)the payment of the cost of having the services
supplied again.
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Disclaimer
The information contained on this Web Site is provided by Multimedia
Entertainment in good faith on an as is basis. The information is believed
to be accurate and current at the date the information was placed on this
Web Site.
None of Multimedia Entertainment, its related bodies corporate, any
of their directors, officers or employees makes any representation or warranty
as to the reliability, accuracy or completeness of the information contained
on this Web Site (including in relation to any products or services) and
none of them accept any responsibility arising in any way (including negligence)
for errors in, or omissions from, the information contained on this Web
Site. To the fullest extent permitted by applicable law, Multimedia Entertainment
disclaims all representations and warranties, express or implied, including
but not limited to, implied warranties of merchantability and fitness for
a particular purpose and non-infringement. Multimedia Entertainment makes
no warranty that the Web Site or any products or services advertised on
the Web Site will meet your requirements, or that the Web Site will be
uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that Multimedia Entertainment does
not control other users of this Web Site or the suppliers of goods and
services purchased from this Web Site and Multimedia Entertainment is therefore
not liable for their opinions or their behaviour, including any information
or advice provided by them or any defamatory statements made by them or
any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from
or through this Web Site creates any warranty not expressly made in these
Terms and Conditions.
Information on this Web Site relating to products and services has been
prepared in accordance with Australian law for the supply of goods and
services in Australia only. This information may not satisfy the laws of
any other country. To the extent that it does not satisfy the laws of the
country in which you reside or from which you are accessing this Web Site,
it is not directed at you and cannot be relied upon by you and you are
unable to order any goods from this Web Site. If you do, you agree to indemnify
Multimedia Entertainment for any losses, costs, expenses or damages Multimedia
Entertainment may suffer as a consequence.