Control your Children's game time with VueMaster
Terms and Conditions
- Interpretation
- Specific Warnings
- Linked Websites
- Pricing
- Orders
- Payment
- Delivery, Risk and Title in the Goods
- Fit for Purpose
- Usage
- Tykoh's services
- Intellectual Property
- Indemnity
- Limitation of Liability
- Privacy
- General
The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website operated by Tykoh Group Pty Limited ("Tykoh, us or we") including the purchase of Goods. By browsing through the Website, or placing an Order, you agree to the terms of this Agreement. The Agreement may be amended in the future and you should review it every time you access the Website.
1. INTERPRETATION
1.1 In these terms and conditions:
"Tykoh" means Tykoh Group Pty Limited A.C.N. 134 696 932.
"Agreement" means these terms and conditions, including the terms of any Order placed by you.
"Goods" means any products described in an Order and includes packaging.
"Order" means a request submitted by you to purchase Goods from Tykoh.
"Website" means the website www.gametimelimit.com
"Order Form" means a printed copy of the order form on the Website.
"User Manual" means the document on the Website that describes the functionality and features and benefits of Goods offered for sale by Tykoh; those Goods' modes of usage, limitations and constraints; safety, environmental and operating guidelines; and warranty terms and conditions.
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supercedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2. SPECIFIC WARNINGS
2.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
2.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Tykoh takes no responsibility for any such damage which may arise in connection with your use of the Website .
3. LINKED WEB SITES
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Tykoh will not be responsible for the content or privacy practices associated with linked web sites.
4. PRICING
4.1 Prices displayed on the Website are subject to change without notice. Prices for goods on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
5. ORDERS
5.1 Orders must be made by filling out and printing the Order Form obtainable from the Website and mailing the printed form to Tykoh together with the associated payment.
5.2 All orders are subject to Tykoh's acceptance.
5.3 Each Order if accepted by Tykoh represents a separate Agreement incorporating the terms of that Order.
5.4 Tykoh will not accept orders if agreement with the terms and conditions has not been acknowledged.
5.5 Tykoh will not accept Orders which, in its opinion, contain incomplete, misleading, incorrect or fraudulent order or delivery information.
5.6 Tykoh will not accept Orders of commercial quantities of goods.
5.7 All order goods are Ex Stock and are subject to prior sale. In the event that order goods have been sold prior to receipt of your order Tykoh will return your payment.
5.8 Orders can be shipped to Australian addresses only.
6. PAYMENT
6.1 Orders must be accompanied by payment in the form of a cheque for the full order amount and made out to Tykoh Group Pty Limited.
6.2 Ordered goods will be dispatched only after the accompanying cheque has cleared.
6.3 You warrant that Tykoh is entitled to recover any costs - direct, incidental or consequential - from you incurred by Tykoh if your cheque is dishonoured or cancelled.
6.4 If your cheque is dishonoured or cancelled Tykoh may, at its sole discretion, choose not to accept further orders from you.
6.5 If Tykoh receives a cheque from you and does not accept your Order then Tykoh will return your cheque.
6.6 Tykoh will not be liable for any costs incurred by you - direct, incidental or consequential - associated with the non-receipt of a cheque dispatched by you or by Tykoh.
6.7 If Tykoh returns your cheque that return will be deemed to be complete on Tykoh's dispatch of the cheque by ordinary surface mail to the address given by you on your Order form.
7. DELIVERY, RISK AND TITLE IN THE GOODS
7.1 Subject to payment, property and risk in the Goods passes to you upon dispatch by Tykoh of the Goods from our premises.
7.2 Order delivery will be by method chosen by Tykoh to the address nominated by you on your Order Form.
8. FIT FOR PURPOSE
8.1 You warrant that, prior to placing any order you will: 1) Read the User Manual on the Website describing the Goods you wish to order and 2) You determine and agree that the Goods as described are fit and proper for the use to which you intend to put them.
9. USAGE
9.1 You warrant that you will use the Goods in your Order in the manner prescribed in the associated User Manual(s).
10. SERVICES
10.1 Tykoh may, from time to time, offer a service to set up and install Ordered goods in buyers' homes. Tykoh may charge a fee for that service and the amount of that fee and whether or not the service is offered and to whom the service is offered is at Tykoh's sole discretion.
11. INTELLECTUAL PROPERTY
11.1 All Intellectual Property in any Material on the Website is the property of Tykoh. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
11.2 You warrant that you will not reverse engineer or copy or cause to be reverse engineered or copied any part of any ordered goods and that if you do Tykoh is entitled to recover from you any costs - direct, indirect or consequential - and foregone revenue that may result.
12. INDEMNITY
12.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against Tykoh which are connected with, arise out of, relate to or are incidental to the use of the Website.
13. LIMITATION OF LIABILITY
13.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Tykoh (in negligence or otherwise) is limited (at the option of Tykoh) to the resupply of goods or services, or the cost of having the goods or services supplied again. Tykoh shall not be liable for any indirect or consequential loss.
13.2 Nothing in these terms and conditions is intended to limit or exclude any liability on Tykoh's part where and to the extent that applicable law prohibits such exclusion or limitation.
14. PRIVACY
14.1 We are committed to protecting the privacy of your personal information. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
We collect and hold information about individuals who are customers or who have placed an Order with us.
The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
We gather personal information about you for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work;
- improving and developing our products; and
- expanding our business.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Privacy Officer at Tykoh Group Pty Limited, P.O. Box 4117, Oatley West, NSW, 2223. A $25 administration fee will be charged for the retrieval of any personal information.
14.2 Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.
15. GENERAL
15.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15.2 A failure or delay by Tykoh to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Tykoh does not preclude its future exercise or the exercise of any other power or right.
15.3 This agreement is governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.