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| BURN DIRECT TERMS AND CONDITIONS OF USE, NOTICES AND REVISIONS |
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| Last Updated: 1 July 2008
Welcome to Burn Direct ("Burn"). Burn and its affiliates provide their services to you subject to the following conditions.
If you visit or shop at Burn, you accept these conditions. Please read them carefully.
In addition, when you use any current or future Burn service (e.g., Burn Forums), you also will be subject to the guidelines and conditions applicable to such service.
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| PRIVACY |
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Please review our Privacy Notice, which also governs your visit to Burn, to understand our practices.
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| ELECTRONIC COMMUNICATIONS |
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When you visit Burn or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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| COPYRIGHT AND TRADEMARKS |
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The copyright in the Burn web-site, including these terms and conditions, Burn Direct, the Burn Logo, the Burn Forums and all contents linked or contained within the Burn web-site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software are owned by, or licensed to, Burn irrespective of the lack, or otherwise, of any copyright notices on them. All rights are reserved. Except for information and material made available, in the format it was made available, from a PRINT function within the Burn web-site (not for example, from a PRINT function in the User's web-browser), neither the whole nor any part of the information, material and pages displayed on this web-site (including as upgraded from time to time), nor the underlying code or codes, may be printed out, copied, duplicated, downloaded, adapted, transmitted, e-mailed, forwarded, distributed, sold, licensed, dealt with or reverse-engineered without the prior written permission of Burn.
All other copyright and trademarks not owned by Burn or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burn or its subsidiaries.
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| LICENSE AND SITE ACCESS |
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Burn grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Burn. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Burn and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Burn's name or trademarks without the express written consent of Burn. Any unauthorized use terminates the permission or license granted by Burn. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Burn or as specified in the 'link to this page' hyperlink URL as described on particular product pages or other from time to time, so long as the link does not portray Burn, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Burn logo or other proprietary graphic or trademark as part of the link without express written permission.
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| YOUR ACCOUNT |
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If you use this site, 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. Burn does sell products for children, but it sells them to adults, who can purchase with an approved payment method. If you are under 18, you may use Burn only with involvement of a parent or guardian. Burn and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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| REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT |
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Visitors may post reviews, comments, ratings, cheats, hints and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, cheat, hint or other content. Burn reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Burn and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Burn and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Burn or its affiliates for all claims resulting from content you supply. Burn has the right but not the obligation to monitor and edit or remove any activity or content. Burn takes no responsibility and assumes no liability for any content posted by you or any third party.
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| RISK OF LOSS |
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All items purchased from Burn are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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| PRODUCTS AND PRICING |
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Products, pricing, information and any other offer on the Burn Site are not offered formally, but by invitation only. You may submit an offer to purchase online which is subject to this notice at the time of offer and Burn reserves the right, at our discretion, to refuse to accept or cancel your order and notify you of such cancellation.
All products are subject to availability.
Burn provides 'Currency Conversion' options for the benefit of international members, these conversions are for reference only and are not to be used as a final offer. For exact exchange rates, please check with your local bank or financial institution.
Although every care is taken to provide accurate product information and pricing, Burn does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free and Burn reserves the right to make changes and corrections to product information and pricing as required. Any customers affected by these changes will be notified. If a product offered by Burn is not as described, your sole remedy is to return it in unused condition.
If you have any queries relating to pricing or product availability, please let us know.
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| INTERNATIONAL PRODUCTS |
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Burn does not hold stock of non Australian distributed products ("International Products") in Australia. Burn acts as an agent in the importation of International Products to you from publishers and suppliers overseas. By submitting an offer to purchase International Products online you agree and enter into an arrangement to allow Burn to act as agent on your behalf in the importation of the International Products for home consumption.
For products shipped to countries outside of the original release, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Burn, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Orders that are shipped to countries outside of the original release may be subject to import taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of an international shipment may be subject to such Import Fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
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| DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY |
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This site is provided by Burn on an 'As is' and 'As Available' basis. You expressly agree that your use of this site is at your sole risk.
Burn will not be liable to the User or any other person for any loss or damage including, without limitation, consequential loss or damage, which may be suffered or incurred or may arise directly or indirectly out of or in connection with the use or viewing of, wholly or in part (or the User's failure wholly to use or view), Burn (including offered guidance and information shown or available on the activation of links or buttons and without limitation, any loss of, or damage to, the User's computer software or hardware or data); or the unavailability of its web-site for any reason (including, without limitation, unavailability due to interruption, suspension, termination, malfunction, upgrading or maintenance); or the loss of, or loss of any storage of, any information supplied by the User to Burn or for the non-deliberate loss of privacy of any such information; or any web-sites or web-pages linked to Burn or any downloads (nor from the downloading process itself) from Burn or from sites to which Burn is linked.
Burn accepts no responsibility for the contents (including currency), availability, or web-page address of any web-site or web-page to which Burn is linked, intended to be linked, or apparently linked.
Burn does not warrant that this site, its servers, or e-mail sent from Burn are free from viruses or other harmful components.
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| APPLICABLE LAW |
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By choosing to visit Burn, you agree that your visit and any dispute of any sort that may arise between you and Burn or its affiliates, is subject to this Notice and our Privacy Statement, including limitations on damages, arbitration of disputes and application of the law of the state of Queensland and you irrevocably submit to the exclusive jurisdiction of Queensland courts.
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| DISPUTES |
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Any dispute relating in any way to your visit to Burn or to products you purchase through Burn shall be submitted to confidential arbitration in Brisbane, Queensland, except that, to the extent you have in any manner violated or threatened to violate Burn's intellectual property rights, Burn may seek injunctive or other appropriate relief in any state or federal court in the state of Queensland, and you consent to exclusive jurisdiction and venue in such courts.
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| SITE POLICIES, MODIFICATION, AND SEVERABILITY |
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Please review our other notices and policies, such as our Privacy Notice, posted on this site. These policies also govern your visit to Burn. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time and use of the Burn Site is subject to the Terms and Conditions in effect at the time of use. You should check back here frequently to see any recent changes.
If any of these Terms and Conditions, clauses or parts of clauses, are subject to any restrictions, exclusions or alterations imposed by law, or are legally declared to be invalid or inoperative, they will be deemed to be restricted, excluded, altered, invalidated or inoperative only to the minimum extent required by law, with any unaffected Terms and Conditions, clauses or parts of clauses remaining operative to the maximum extent allowed by law.
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| OUR ADDRESS |
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Burn Direct
PO Box 800
Spring Hill Queensland
Australia 4000
http://burn.com.au
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| DEFINITIONS |
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Throughout the Burn Site, the following definitions and terms will be interpreted:
'Person' and 'person' are used in their widest legal sense and include, without limitation, a company.
'User', 'member' and 'customer' includes a person viewing or using this web-site, including any links from this web-site, either wholly or in part, and either directly, indirectly or by an agent, and includes a person whose credit/debit card is used in conjunction with this web-site.
'Burn' includes, without limitation, burn.com.au, Burn Direct, its managers, owners, directors, secretaries, operators, employees and agents and any persons associated with them including, without limitation, company directors and secretaries and, if applicable and where the context requires it, any or all of its affiliates, co-branders or assigns.
The singular includes the plural and the plural includes the singular.
If there is any conflict between anything in these terms and conditions and anything in the rest of the Burn web-site, these terms and conditions will prevail.
These terms and conditions are not to be interpreted adversely to Burn solely because Burn prepared them.
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