User Agreement

The internet website known as www.shoptown.com.au is owned and operated by Wotalot Pty Ltd (ABN:42138351130) of  32 Lacey Street, Perth Western Australia 6060

Definitions

In this Agreement the following definitions apply:

"Member" means any person or entity who obtains membership of the Website by completing the registration process on the Website;

"Merchant" means any person or entity which offers for sale any product via the Website;

"User" and "You" means any person or entity using or accessing the Website;

"Website" means the internet website known as www.shoptbusinown.com.au.

"Wotalot" means Wotalot Pty Ltd

User Terms and Conditions

The Terms and Conditions that govern your use of the Website are contained in this User Agreement.

These Terms and Conditions constitute a binding and enforceable agreement between you and Wotalot.

By using, accessing or registering as a member of the Website , you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions , you may not use the Website.

We may amend these Terms and Conditions from time to time and such amendments shall become effective upon being posted on the Website . We will include a notice on the Website alerting Users when any such amendments have been made. By continuing to access or use the Website after any such amendment, you agree to be bound by the amended Terms and Conditions.

The Website is only intended for use by Users in Australia. Orders for products will only be accepted from Users who provide an Australian billing address.

The shipping options available for particular products, may however, allow Users in Australia to request delivery of those products to overseas destinations.

Usage by Minors

The Website is not targeted towards, nor intended for use by anyone under the age of 18.

By using the Website you represent and warrant that you are 18 years of age or older.

Membership

To enjoy the privileges of membership of the Website you may register become a Member of the Website., by completing the membership application form.

As part of the registration process for membership you will nominate a username and password.

You are entirely responsible for all activities and actions on the Website which occur under your username and password (whether or not you have authorised such actions or activities) and you must ensure that your username and password remain confidential at all times.

You agree as a condition of use and membership that we may contact you for the purpose of promoting new services available on the Website.

You agree to immediately notify Wotalot of any unauthorised use of your username or password.

Services

Wotalot does not sell any products via the Website.

All products advertised, listed or promoted for sale on the Website are listed thereon by the Merchants.

Any contract for purchase of any product or item listed on the Website is between the User and relevant Merchant directly and is subject to the relevant Merchant's terms and conditions of sale.

Each Merchant will provide suitable means for Users to access that Merchant's terms and conditions via the Website at a point before the User places any order for the purchase of any product from that Merchant.

Purchases

Any order placed by you in the manner described on the Website is an offer by you to the relevant Merchant to purchase a particular product from the Merchant offering such product for sale on the Website for the price (including the delivery or shipping and other charges and taxes) specified at the time you place your order on these Terms and Conditions and the terms and conditions of sale of that Merchant.

Wotalot and any of its Merchants reserve 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 or an error in your order.

Your contract with the relevant Merchant comes into existence only when a confirmation of receipt of your order and payment is forwarded to you.

Wotalot does not sell, resell or license any products listed on the Website nor is it acting as an agent of any third party. To the fullest extent permitted by law, Wotalot disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate Merchant.

Information provided by Merchants

Much of the information on the Website is provided by our Merchants, including all of the information relating to the products available for purchase via the Website.

While we believe that any information provided by our Merchants is reliable , we cannot be responsible for the veracity or accuracy of such information.

Wotalot and our Merchants attempt to provide Users with the most up-to-date and accurate information about the products available on or via the Website.

This information includes product images and descriptions, brand and model details and supplier and pricing info. By using the Website you agree to not to hold Wotalot responsible for the accuracy of any information supplied by any Merchant on or via the Website.

It is the sole responsibility of the User to select the correct products when purchasing.

On occasions there may be variations between product types including, but not limited to colour, size, price or specification.

If a User purchases an incorrect product from any Merchant via the Website and wishes to exchange it for some other product or to receive a refund for it, the User's rights and options relating to such exchange or refund will be subject to the relevant Merchant's Exchange and Refund Policy forming part of that Merchant's terms and conditions of sale.

Content

The Website provides a number of different services to assist you in comparison shopping for products.

The Website provides information regarding products and Merchants, and links to Merchants that are selling products on or via the Website.

Wotalot is paid by Merchants to list products on or via the Website . The products listed on or via the Website are sold by the Merchants and not Wotalot.

Consumer reviews and ratings on the Website are from Members who have elected to post a review on the Website.

As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a Merchant or other third party in any given transaction.

Participating Merchants and other third parties may pay Wotalot to be presented on or to have their product or service offerings placed higher in our search results, and may also purchase research from Wotalot Pty Ltd, but in no event do such payments affect the reviews or ratings given to any Merchant by participating Members.

By becoming a Member allows you to post content on the Website.

Users are not to post any content on the Website which:

1. is unlawful, false, vulgar abusive, libelous, an invasion of privacy or otherwise objectionable;
2. infringes any patent, trade mark , copyright or other proprietary right of any party;
3. may upload or otherwise transmit software viruses, files, programs or similar content which may affect, interrupt corrupt, destroy or otherwise interfere with the functioning of any computer software or hardware or any telecommunications equipment or otherwise .

Wotalot may in its absolute discretion refuse to display or remove any content posted on the Website by any User without assigning any reason for such removal.

By posting any content on the Website or attempting to do so the User agrees to indemnify Wotalot, its officers, agents, partners, and employees from any and all claims or damage, including reasonable solicitors' fees, made by third parties due to, or arising out of content the User chooses to submit, post or transmit through the Website; or the User's use of or connection to the Website; the User's violation of this User Agreement; or, the User's violation of any rights of another.

Users may download, view and print a single copy of any content on the Website, solely for personal and non-commercial purposes.

All right, title, and interest in such content will remain the exclusive property of Wotalot.

Users may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website , or any other content appearing on the Website.

Users may not copy or modify the HTML code used to generate web pages on the Website.

Users may not use the Website , or any other content appearing on it on or in connection with any other website, for any purpose.

Disclaimer of Warranties

Wotalot does not warrant that product descriptions, pricing, editorial commentary or any other content on the Website , regardless of its source, is accurate, complete, reliable, current or error-free.

The Website content is provided for informational purposes only and does not constitute an endorsement by the Website or Wotalot of any product, merchant, seller or service.

You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss.

Wotalot does not make or provide any warranties in regard to the any products or items listed on the Website.

Any defects, misdescriptions or working disorders are the responsibility of the Merchant from whom you have purchased the product or from its manufacturer, where relevant, and it is the responsibility of the relevant Merchant to deal with same in accordance to relevant Merchant's terms and conditions of sale.

THE WEBSITE AND ITS SERVICES ARE PROVIDED ON A "AS IS" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

We do not promise or warrant that any aspect of the Website or system will work properly or will be continuously available.

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Your correspondence with or participation in promotions of Merchants or advertisers found on or via the Website, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Merchant or advertiser.

You agree not to hold Wotalot liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Merchants or advertisers on the Website.

Wotalot does not endorse , warrant or guarantee the products or any Merchant or advertiser on the Website.

All statutory or implied conditions and warranties are excluded to the fullest extent permitted by law.

If, liability under any condition or warranty cannot legally be excluded such liability is limited, in the absolute discretion of Wotalot , to:

1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
2. in the case of services, supplying the services again, or paying the cost of having the services supplied again.

Termination

These User terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.

We can cancel your account, or otherwise refuse service to you at our absolute discretion at any time without notice to you .

If you are a Member you can cancel your membership account at any time by contacting Customer Support [insert relevant URL hyperlink]; at any time for any reason.

Wotalot is entitled to assume that you intended to terminate your membership account if you do not access it for more than 3 months.

The terms and conditions of this User Agreement insofar as they benefit Wotalot will survive any termination howsoever arising.

Copyright

The entire Website including copy, graphics, images, and text are copyrighted.

The Website logo is owned by Wotalot Pty Ltd and other corporate logos displayed on the site are owned by their respective owners.

Permission to use information contained on the Website is restricted and limited to what is necessary for you to determine your interest in the products displayed and to assist you your decision to purchase.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.

The information contained on the Website is subject to change without notice. Wotalot Pty Ltd is not responsible for typographical, technical or descriptive errors which may be contained on the Website.

Disputes relating to Copyright, Trademarks and other Intellectual Property

Wotalot Pty Ltd is not in a position to arbitrate Intellectual Property ("IP") disputes between Merchants and advertisers on the Website and IP owners. Accordingly, we encourage IP owners to resolve their disputes directly with the Merchants and advertisers, particularly because the Merchants and advertisers may have similar advertisements on other sites. Similarly, Wotalot does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the Website , and IP owners should contact third party sites directly to resolve IP disputes. As a courtesy to registered IP owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered (or represent an owner of a registered IR right) and have an objection to content corresponding to your registered IP right on the Website that is consistent with the foregoing, or you believe that we have improperly used your registered IP right to promote the Website on a third party website, please provide the following information in a signed letter on company stationery:

1. Name of Company
2. Contact information (including email address)
3. List of registered IP right(s)) at issue including a copy of each relevant IP registration certificate(s)
4. Brief particulars of the IP dispute complained of including the identity of the any advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). The following statement: "I have a good faith belief that use of the IP rights is not authorized by the IP owner or its agent, nor is such use otherwise permissible under law."
5. The following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the IP owner."
6. Your signature

Please send this written communication with the above information to the following address:

Wotalot Pty Ltd.
Attn: Trademark Complaints
PO Box 3317
Yokine , WA 6060
Australia

Upon receipt of notice as described above, Wotalot will confirm the existence of the registration of the IP right in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of any challenged content from the Website In the event that any challenged content has been provided to Wotalot by a third party and in Wotalot's sole discretion, it concludes that the content is identical to the registered IP right and is used in connection with goods and/or services covered by the IP owner's registration, Wotalot will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own IP registration or approved IP application covering the challenged content, Wotalot will not remove the content.

Notwithstanding the foregoing, Wotalot will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Typographical Errors

In the event that a product is mistakenly listed on the Website or at a Merchant's website accessed through the Website at an incorrect price, Wotalot and any relevant Merchant reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for an order that is cancelled, Wotalot or the relevant Merchant shall issue a credit to the User's credit card account in the amount of the incorrect price.

Legal Compliance and Fraudulent Activity

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Website.

Wotalot employs sophisticated fraud detection software and will report all instances of fraud, attempted or otherwise to the appropriate state and federal law enforcement authorities. There are means by which a suspected transaction can be traced to a transaction location and a fraudsters identity obtained. Any type of fraud including credit card, email and telephone deception will not be tolerated and those individuals will be pursued without exception.

Goods and Services ("GST") and Other Taxes

Prices displayed on or via the website are inclusive of GST applied at the rate of 10%.

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 or via the Website.

Shipping costs

Exact shipping costs will be provided by the relevant Merchant before you confirm your purchase.

Delivery

Please read the Delivery Information provided by the relevant Merchant The delivery times are indicative only, Wotalot and any Merchant will not be liable for any failure to observe delivery times.

Currency

All currency and pricing on the Website is in Australian Dollars (AUD) inclusive of GST.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, any minimum wage laws do not apply to your relationship with the Wotalot Pty Ltd. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this User Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Wotalot.

Privacy policy

By using this Website, you grant us consent to use your personal information in accordance with our Privacy Policy , which forms a part of these terms and conditions. Please click on this link to view our Privacy Policy

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Wotalot , in its sole discretion, to a third party. You may not assign your obligations to another entity.