PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE (THE "WEBSITE") OPERATED BY Fix My Apple Pty Ltd ("WWW.FIXMYAPPLE.COM.AU"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and Fix My Apple Pty Ltd ("Fix My Apple"). (References to "you" or "your" shall relate to a customer of Fix My Apple or other party that visits, browses, shops, accesses or otherwise uses the Webite (the "Customer"); references to "Fix My Apple" shall relate to Fix My Apple Pty Ltd and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this website ("Website"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Fix My Apple from time to time, do not use this Website. The material provided on this Website is protected by law, including, but not limited to, Australian copyright law and international treaties. This Website is controlled and operated by Fix My Apple from its offices within the Australia. Fix My Apple makes no representation that materials on the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Website from other locations, do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of New South Wales without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Australia, New South Wales to hear any such claims.
Access, Interference and Linking
Fix My Apple grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Fix My Apple. The following activity on the Website is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Website or the content contained herein without prior written permission by Fix My Apple; collection or use of any product listings, descriptions, or prices, from the Website for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Website; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Website, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Fix My Apple.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Fix My Apple, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fix My Apple logo or other proprietary graphic or trademark as part of the link without express written permission.
Fix My Apple does not review or control third-party sites that link to or from the Website, and is not responsible for the contents of any third-party sites linked to or from the Website.
The copyright of all material provided on this Website is held by Fix My Apple or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Fix My Apple or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Fix My Apple's prior written permission, "mirror" any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs are courtesy of respective manufacturers and wholesale distributors.
Shipping & Returns Policy
Our Shipping & Returns Policy, as it may change from time to time, is a part of this Agreement.
Account and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with a parent or guardian or with their express permission. Fix My Apple reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Fix My Apple
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Fix My Apple for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Fix My Apple is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Fix My Apple or the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Limitation of Liability
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Fix My Apple’s MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.