Introduction

The ExplorOz website ("Site") is owned and operated by I.T. Beyond Pty Limited (ACN 086 714 490) ("I.T. Beyond"). Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as "Terms of Use"). Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. I.T. Beyond reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Site.

 Communication facilities

The Site contains interactive communication facilities which provide for feedback by users to the Site, real-time interaction between users (including individuals referred to as visitors and members) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Site that you do not do any of the following:

• restrict or inhibit any other user from using or enjoying any Forum;


• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;


• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;


• post or transmit any material of any kind which contains a virus or other harmful component;


• post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;


• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or


• download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

I.T. Beyond may from time to time monitor or review the contents of its Communication Facilities. While I.T. Beyond reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in I.T. Beyond's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, I.T. Beyond has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is I.T. Beyond responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

I.T. Beyond reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

 User licence to I.T. Beyond

By placing any information or other material on the Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to I.T. Beyond a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of I.T. Beyond and any other party authorised by I.T. Beyond all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of I.T. Beyond, you will execute and deliver to I.T. Beyond such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

 ExplorOz Shop

Location

The ExplorOz Shop is an Australian online retail store. All items are delivered to the consumer via the postage method applicable for the product (Australia Post or Courier). We accept orders worldwide and can ship goods to any country in the world. No facility is provided for pick-up of orders from a store location.

Range

The ExplorOz Shop is designed with the interests of travellers, four wheel drivers, caravanners, and camper trailer owners in mind. The focus products are maps and books, however we also offer a wide variety of complimentary items. No product is manufactured or produced by ExplorOz and as such, our range is only available for sale in retail volumes and at retail pricing.

Delivery Time

Most items in the ExplorOz Shop are held in stock by I.T. Beyond in Western Australia, and will be shipped immediately via Australia Post (payment in advance). A small number of products are sent direct to the consumer by the wholesaler (all are within Australia). All wholesalers despatch via the fastest method possible (ie. courier).

Stock Availability

Any item shown for purchase in the shop is currently available. We actively maintain the stocking status of our products and any long-term unavailable item will have it's Add to Cart button disabled with an icon showing that is it "Currently unavailable".

Restocking Delays

We have established the fastest methods possible for restocking and most orders will be filled within 1 week. If, at the time of receiving your order, we are unable to immediately send out your goods due to a temporary shortfall of stock, you will be notified via email (to the email address given by you within your order) and given the option to cancel your order or wait the expected restocking time.

Postage & Packaging

Postage and packaging charges are paid by the consumer and are calculated in accordance with Australia Post postage rules. The combined cost is called "Freight" and is itemised separately in your Shopping Cart. Special conditions based on registration level (ie. Member) may entitle the consumer to enjoy reduced freight charges on qualifying purchases.

Order Process

After filling your cart you must click the CHECKOUT button to direct your browser onto a secure server to enable you to provide your private information. This server is secured via the use of SSL encryption.

Credit Card Transactions

The ExplorOz Shop operates with the Merchant Name of I.T. Beyond Pty Ltd and by purchasing from the ExplorOz Shop you acknowledge that the transaction will appear on your statement as I.T. Beyond Pty Ltd.

I.T. Beyond uses National Internet Payment Service (a payment gateway service provided by the National Australia Bank). Transactions are processed in real time however order checking and fulfilment will only occur during business hours on the day the order is received (Australian Western Standard Time) weekdays, or next business day if your order is placed on a weekend or public holiday.

Back Orders

Back orders only occur when our wholesalers have unexpected internal delays affecting our normal restocking arrangements. In this instance I.T. Beyond is not liable and is not required to compensate for the delay in any way. If an out-of-stock item is likely to significantly delay your order we may offer to part-ship your goods with a back order report showing the item(s) that will be sent separately.

Changes to Order

You accept that a transaction on your credit card to the value of the confirmed order will be made immediately through the payment gateway. If the transaction has already been made but shipment of your order has not occurred (refer to order status email alerts), then you may contact us to advise the required change. A second order confirmation will be sent to confirm the changes and either a second debit or a refund will be transacted on your credit card. We do accept phone calls to change orders either during business hours, or as a message left on our after-hours phone service.

If your order has already been shipped then the situation will be assessed independently by the Directors of I.T. Beyond Pty Ltd and is subject to our Returns Policy.

Returns

The consumer may request a return of the goods for a refund of the invoiced product value, however a re-stocking fee may be applicable. Returns will be refused where the item is no longer stocked by I.T. Beyond, or has been superseded by a new edition. All requests for return must be made within 31 days of original purchase and be accompanied by proof of purchase (order ID is acceptable, eg. EOShop#). Refunds will only be given on items returned in first class condition and posted to I.T. Beyond Pty at PO Box 967 Hillarys WA 6923 at the expense of the consumer.

CD-Roms, DVD's and Tape products cannot be returned or exchanged unless the product is faulty, defective or otherwise required by law.

Goods damaged in transit are not covered by our carrier, Australia Post and cannot be returned for replacement. See Postage and Packaging.

 Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by I.T. Beyond of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). ExplorOz does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) I.T. Beyond and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) I.T. Beyond does not warrant that the functions contained in any Content or any Communications Facility or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) I.T. Beyond does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not I.T. Beyond) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of I.T. Beyond) will I.T. Beyond or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that I.T. Beyond does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, I.T. Beyond's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of I.T. Beyond to the following:

• in the case of services supplied or offered by I.T. Beyond, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and


• in the case of goods supplied or offered by I.T. Beyond, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

 Termination

The Terms of Use are effective until terminated by I.T. Beyond, and I.T. Beyond may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses granted by you and all I.T. Beyond disclaimers and limitations of liability set out in the Terms of Use will survive.

 Miscellaneous

I.T. Beyond relies on your continued observance of these Terms of Use. If I.T. Beyond suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify I.T. Beyond for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by I.T. Beyond of any content or services.

This agreement will be governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

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