1. About the Website

1.1. Welcome to www.ordnancewargaming.com.au (the ‘Website’). The Website

provides you with an opportunity to browse and purchase various products that

have been listed for sale through the Website (the ‘Products’). The Website

provides this service by way of granting you access to the content on the

Website (the ‘Purchase Services’).

1.2. The Website is operated by Ordnance Wargaming (ABN 26 731 269 637) .

Access to and use of the Website, or any of its associated Products or

Services, is provided by Ordnance Wargaming. Please read these terms and

conditions (the ‘Terms’) carefully. By using, browsing and/or reading the

Website, this signifies that you have read, understood and agree to be bound

by the Terms. If you do not agree with the Terms, you must cease usage of the

Website, or any of Services, immediately.

1.3. Ordnance Wargaming reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When Ordnance Wargaming

updates the Terms, it will use reasonable endeavours to provide you with

notice of updates to the Terms. Any changes to the Terms take immediate

effect from the date of their publication. Before you continue, we recommend

you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by

Ordnance Wargaming in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of

the Website. As part of the registration process, or as part of your continued

use of the Purchase Services, you may be required to provide personal

information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

(d) Telephone number

(e) Password

3.2. You warrant that any information you give to Ordnance Wargaming in the

course of completing the registration process will always be accurate, correct

and up to date.

3.3. Once you have completed the registration process, you will be a registered

member of the Website (‘Member’) and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Ordnance

Wargaming; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third

parties is strictly prohibited. You agree to immediately notify Ordnance

Wargaming of any unauthorised use of your password or email address or

any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Ordnance

Wargaming providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by Ordnance Wargaming for any illegal or unauthorised use of

the Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for

the Product (the ‘Purchase Price’).

5.2. Payment of the Purchase Price may be made through Stripe (the ‘Payment

Gateway Provider’)

In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by Ordnance

Wargaming, you will be issued with a receipt to confirm that the payment has

been received and Ordnance Wargaming may record your purchase details for

future use.

5.4. Ordnance Wargaming may, at their sole discretion, provide a refund on the

return of the Products within …… days where the Product packaging is

unopened and remains in a saleable condition. You acknowledge and agree

that you are liable for any postage and shipping costs associated with any

refund pursuant to this clause.

6. Warranty

6.1. Ordnance Wargaming’s Products come with guarantees that cannot be

excluded under the Australian Consumer Law. You are entitled to a

replacement or refund for a major failure of the Product. You are also entitled

to have the Products repaired or replaced if the Products fail to be of

acceptable quality and the failure does not amount to a major failure (the

‘Warranty’).

6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material

defects and workmanship in the Products within 30 Days from the date of

purchase (the ‘ Warranty Period’).

6.3. In order to make a Warranty Claim during the Warranty Period, you must

provide proof of purchase to Ordnance Wargaming showing the date of

purchase of the Products, provide a description of the Products and the price

paid for the Products by sending written notice to Ordnance Wargaming at 2/58

Waterbush crescent, Woodberry, New South Wales, 2322 or by email at

[email protected].

6.4. Where the Warranty Claim is accepted then Ordnance Wargaming will, at its

sole discretion, either repair or replace any defective Products or part thereof

with a new or remanufactured equivalent during the Warranty Period at no

charge to you for parts or labour. You acknowledge and agree that you will be

solely liable for any postage or shipping costs incurred in facilitating the

Warranty Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by Ordnance

Wargaming and shall be the sole and exclusive remedy available to you in

addition to other rights and under a law in relation to the Products to which this

warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor

to the additional excluded items set forth below nor to any supplied Products

where the exterior of which has been damaged or defaced, which has been

subjected to misuse, abnormal service or handling, or which has been altered

or modified in design or construction.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of

Ordnance Wargaming are subject to copyright. The material on the Website is

protected by copyright under the laws of Australia and through international

treaties. Unless otherwise indicated, all rights (including copyright) in the site

content and compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (the ‘Content’) are owned or

controlled for these purposes, and are reserved by Ordnance Wargaming or its

contributors.

7.2. Ordnance Wargaming retains all rights, title and interest in and to the Website

and all related content. Nothing you do on or in relation to the Website will

transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Ordnance Wargaming; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

7.3. You may not, without the prior written permission of Ordnance Wargaming and

the permission of any other relevant rights owners: broadcast, republish, upload

to a third party, transmit, post, distribute, show or play in public, adapt or

change in any way the Content or third-party content for any purpose. This

prohibition does not extend to materials on the Website, which are freely

available for re-use or are in the public domain.

8. Privacy

Ordnance Wargaming takes your privacy seriously and any information provided through

your use of the Application and/or the Purchase Services are subject to Ordnance

Wargaming’s Privacy Policy, which is available on the Application.

9. General Disclaimer

9.1. You acknowledge that Ordnance Wargaming does not make any terms,

guarantees, warranties, representations or conditions whatsoever regarding

the Products other than provided for pursuant to these Terms.

9.2. Ordnance Wargaming will make every effort to ensure a Product is accurately

depicted on the Website, however, you acknowledge that sizes, colours and

packaging may differ from what is displayed on the Website.

9.3. Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

9.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(b) Ordnance Wargaming will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Purchase Services or these Terms (including

as a result of not being able to use the Purchase Services or the late

supply of the Purchase Services), whether at common law, under contract,

tort (including negligence), in equity, pursuant to statute or otherwise.

9.5. Use of the Website, the Purchase Services, and any of the products of

Ordnance Wargaming is at your own risk. Everything on the Website, the

Purchase Services, and the Products of Ordnance Wargaming, are provided to

you on an “as is” and “as available” basis, without warranty or condition of any

kind. None of the affiliates, directors, officers, employees, agents, contributors,

third party content providers or licensors of Ordnance Wargaming make any

express or implied representation or warranty about its Content or any

products or Purchase Services (including the products or Purchase Services of

Ordnance Wargaming) referred to on the Website. This includes (but is not

restricted to) loss or damage you might suffer as a result of any of the

following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1. Ordnance Wargaming’s total liability arising out of or in connection with the

Purchase Services or these Terms, however arising, including under contract,

tort (including negligence), in equity, under statute or otherwise, will not exceed

the most recent Purchase Price paid by you under these Terms or where you

have not paid the Purchase Price, then the total liability of Ordnance

Wargaming is the resupply of information or Purchase Services to you.

10.2. You expressly understand and agree that Ordnance Wargaming, its affiliates,

employees, agents, contributors, third party content providers and licensors

shall not be liable to you for any direct, indirect, incidental, special

consequential or exemplary damages which may be incurred by you, however

caused and under any theory of liability. This shall include, but is not limited to,

any loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

10.3. Ordnance Wargaming is not responsible or liable in any manner for any site

content (including the Content and Third-Party Content) posted on the Website

or in connection with the Purchase Services, whether posted or caused by

users of the website of Ordnance Wargaming, by third parties or by any of the

Purchase Services offered by Ordnance Wargaming.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Ordnance

Wargaming as set out below.

11.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Ordnance Wargaming via the ‘Contact

Us’ link on our homepage.

(a) notifying Ordnance Wargaming at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where Ordnance Wargaming has made this option available to you.

11.3. Ordnance Wargaming may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Ordnance Wargaming is required to do so by law;

Services to you has terminated its relationship with Ordnance Wargaming

or ceased to offer the Purchase Services to you;

(d) Ordnance Wargaming is transitioning to no longer providing the Purchase

Services to Users in the country in which you are resident or from which

you use the service; or

(e) the provision of the Purchase Services to you by Ordnance Wargaming is,

in the opinion of Ordnance Wargaming, no longer commercially viable.

11.4. Subject to local applicable laws, Ordnance Wargaming reserves the right to

discontinue or cancel your membership to the Website at any time and may

suspend or deny, in its sole discretion, your access to all or any portion of the

Website or the Purchase Services without notice if you breach any provision of

the Terms or any applicable law or if your conduct impacts Ordnance

Wargaming’s name or reputation or violates the rights of those of another

party.

11.5. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and Ordnance Wargaming have benefited from, been subject

to (or which have accrued over time whilst the Terms have been in force) or

which are expressed to continue indefinitely, shall be unaffected by this

cessation, and the provisions of this clause shall continue to apply to such

rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Ordnance Wargaming, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with any Content you post through the

Website;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not

commence any Tribunal or Court proceedings in relation to the dispute, unless

the following clauses have been complied with (except where urgent

interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the

Terms, must give written notice to the other party detailing the nature of the

dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which they

may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the …… or his or her nominee;

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator as

a pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in Newcastle, NSW, Australia.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of

and in connection with this dispute resolution clause are confidential and to the

extent possible, must be treated as “without prejudice” negotiations for the

purpose of applicable laws of evidence.

13.5. Termination of Mediation:

If 90 days have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate

the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Purchase Services offered by Ordnance Wargaming is intended to be viewed by

residents of Australia. In the event of any dispute arising out of or in relation to the

Website, you agree that the exclusive venue for resolving any dispute shall be in the

courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way relating

to the Terms and the rights created hereby shall be governed, interpreted and construed

by, under and pursuant to the laws of New South Wales, Australia, without reference to

conflict of law principles, notwithstanding mandatory rules. The validity of this governing

law clause is not contested. The Terms shall be binding to the benefit of the parties

hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Terms & Conditions