GENERAL INFORMATION: This User Agreement For Online Sales ("Agreement") describes the terms and conditions applicable to your use of www.albanygateway.com.au ONLINE SHOP, which is a Service provided by Albany Enterprise Group Inc (AEG) through its regional web portal www.albanygateway.com.au and the general principles for the use of the website albanygateway.com.au Prior to registering to use this Service, submitting a purchase order for products listed on this Site or otherwise accessing information from this Site, please carefully read this Agreement. The term "users" shall refer to both potential and actual buyers and sellers registered on/with albanygateway.com.au. SELLER and BUYERS by accessing the Online Shop site on www.albanygateway.com.au agree to the terms & conditions set forth below. We reserve the right to alter these terms & conditions at any time.
BUYERS: are welcome regardless of their geographical location. BUYERS also agree by entering the site and individual albanygateway.com.au Online Shop sites that they will agree to the terms and conditions associated with trading through this medium. They buyer is responsible for ensuring they make payment to the seller in an expeditious manner and the buyer is responsible for ensuring their shipping address is correct at all times.
PRICES: All prices quoted are in Australian Dollars. Prices are subject to availability and change without notice, subject to the sole discretion of the listing party (individual online shop lister) who have sole ownership of any of their goods prior to any sales transaction. At no time does AEG or albanygateway.com.au, have any ownership of any items listed on the Online Shop pages.
albanygateway.com.au ONLINE SHOP acts solely as a conduit or (virtual) venue, its function as a venue is to let SELLERS list items that comply with albanygateway.com.au policies and sell them at a the price clearly advertised on the sellers Online Shop pages. albanygateway.com.au is not directly involved in transactions between users (buyers and sellers), albanygateway.com.au does not pre-screen its users, the content or the information provided by users (buyers and sellers). You agree that albanygateway.com.au, as a venue is not responsible or liable for any content, information.
TRANSACTIONS; A facility has been set up for Buyers to pay a Seller as part of the online shopping process through PayPal. PayPal Payments on the albanygateway.com.au checkout system will accept Visa, Master Card and PayPal accounts. Buyers are required to submit payment (ie provide card information and have that accepted) before a transaction gets processed.
DISCLAIMER OF LIABILITY: AEG and albanygateway.com.au and their respective directors, officers, employees, agents and representatives (collectively, albanygateway.com.au Parties') shall not be liable to any buyer or seller for any indirect, incidental, consequential, special or exemplary damages or lost profits in connection with any item sold, purchased or listed on this Site. albanygateway.com.au Parties will not be responsible for claims, liabilities, losses, costs, fees, expenses, obligations and causes of action ("Claims") resulting from defects or alleged defects of any item sold on this Site or from the subsequent use of the items, regardless of whether such damage arises out of or relates to: (i) any reliance on the materials presented; (ii) any loss of use, data or profits; (iii) any delay or business interruptions; (iv) personal injury or property damage; or (v) any information provided on this Site.
INDEMNIFICATION: USERS hereby agree to defend, indemnify and hold harmless albanygateway.com.au Parties from and against any and all Claims incurred or suffered by member or any other party arising from or relating to any item sold or listed on this Site, including, without limitation, any Claim arising by reason of or in connection with any loss, damage or injury to person or property
COMPLIANCE WITH LAWS: USERS agree to:
• at all times comply with all applicable laws, including, without limitation, any and all applicable laws governing exports and any applicable international laws;
• not violate any laws, third party rights, or albanygateway.com.au policies; and
• not use this Site if you are not able to form legally binding contracts or are under the age of 18.
GOVERNING LAW; VENUE; JURISDICTION: This Site and the use of this Site shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Western Australia. Any litigation arising out of or related to this Site shall be instituted and prosecuted only in the appropriate state or federal court situated in Western Australia. Each user of this Site hereby submits to the exclusive jurisdiction and venue of such courts for purposes of any such action and the enforcement of any judgment or order arising there from. Each user of this Site hereby waives any right to a change of venue and any and all objections to the jurisdiction of the state and federal courts located in the state of Western Australia.
SERVERABILITY: If any provisions of this Site are held to be invalid or unenforceable, such provisions shall be modified to the minimum extent necessary to make them or their application valid and enforceable, and the validity and enforceability of all other provisions of this Site and all other applications of such provisions shall not be affected.
ATTORNEY'S FEES: In any legal proceedings arising from, under or in connection with this Site, the prevailing party shall be entitled to recover from the other party attorneys' fees and costs incurred by the prevailing party in preparation for and in connection with all trial and appellate proceedings.
INTERPRETATION: The captions of the sections of this Site are for convenience and reference only. Any pronouns or references used herein shall be deemed to include the masculine, feminine or neuter genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural. The entity name Albany Enterprise Group Inc and trading name albanygateway.com.au in the instance of the Online Shop and these terms and conditions are to be interpreted to mean one and the same.
NO ASSIGNMENT: USERS may not assign or transfer its rights in whole or in part under any purchase order without the prior written consent of albanygateway.com.au and any attempted assignment or delegation without such consent shall be void. Additionally, the provisions stated herein are for the sole benefit of albanygateway.com.au , the albanygateway.com.au Parties and users of this Site, and confer no rights, benefits or claims upon any other person or entity.
WAIVER: No waiver by albanygateway.com.au of any right conferred by this Site or any other provisions of this Site will be deemed a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
SURVIVAL: All provisions of this Site related to indemnification, disclaimers and limitations on liability shall survive the termination or removal of this Site.