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Terms & Conditions

TERMS OF USE

Welcome to www.hiszone.com.au (Website), an online dynamic marketplace for the active male to purchase quality products for his work, sport or leisure.  Our pricing system uses real-time pricing based on supply and demand.

The Website is the property of D2M Holdings Pty Limited ABN [21 113 650 954] (Hizone, us, we).

  1. Your agreement to these Terms

By registering as a user, or by using the Website, you agree to be bound by our terms and conditions (as amended from time to time).  If you do not accept our terms, you must not use the Website.  Your continued use of the Website confirms your agreement to be bound.

These Terms form a legal contract between you and us.

Hizone reserves the right to vary these terms and conditions and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You should check regularly to ensure you are aware of any changes.

  1. The Website

Copyright in the material on the Website is owned by D2M Holdings Pty Limited ABN [insert]

The intellectual property in the dynamic pricing generation system upon which the products on this Website are offered for sale is owned by D2M Holdings Pty Limited ABN 21 113 650 954 (Patent pending).

Hizone andD2M Holdings Pty Limited reserve all their intellectual property rights, including without limitation patent, copyright, trade marks (whether registered or unregistered) in the Website and the material on it, and the design, layout, look, appearance and functionality of the Website, including the pricing generation system.  Nothing in these Terms creates a transfer of any intellectual property rights to you.

  1. How [www.hiszone.com.au] works

We offer our products for sale based on dynamic real-time pricing. The price shown for a product changes based on demand, quantity available and the amount of time left for the product listing. All prices shown on the website are shown in Australian Dollars

This is how it works:

  1. Product selection
  2. Select the product(s) you want to purchase and the quantity of each. Order

Proceed to the check-out to pay for the selected products at thelisted price.  The system will hold the products selected by you at that price for a period of 60 minutes to enable you to complete the check out process.  

OR

  1. Make an Offer

If you want to purchase a product but the current listed price is in excess of what you are willing to pay, you may make an offer for the product at a different price and we may accept or reject that offer in our absolute discretion

  1. Once an offer is placed by you, we will provide you with a response within 60 minutes
  2. If your offer is accepted, it will remain valid for 24 Hours following provision of notice of our acceptance.  To proceed with your purchase, check out using the online payment facility in the usual manner. 
  3. If your offer is rejected, you may make a maximum of 2 further offers within 15 minutes of your first offer on the same product(s).  Any subsequent offers will be considered having regard to the listed price of the product(s) at the time of receipt of each offer (not the original offer).  If any counter-offer is accepted by us, Clause 3(c)(ii) of these Terms applies.  
  4. If you make 3 offers on the same product(s), none of which are accepted, you may still purchase the product(s), however, only at the then listed price.  No further offers will be considered by us.

For the avoidance of doubt, you acknowledge that we are not an auctioneer and our offer process does not amount to an auction.  All rules and regulations relating to sale by auction do not apply to any purchases from us.

  1. Disclaimer

Unless you check out in the time specified in Clause 3(b) or your offer has been accepted and has not lapsed under Cl 3(c)(ii), we cannot guarantee:

  1. that the product is or will be in stock for your subsequent purchase or further offer; and
  2. the listed price for a product at any subsequent time.
  1. Register for an account

In order for you to purchase products through the website you must register for an online Account which will make things easier for you.

To become an Account holder, you must register and obtain a username and password.  You will be able to save your personal information, shipping details and other related information for future use of the Website.

You must update the personal information you have provided us if it changes.  You consent to us contacting you from time to time to ensure your personal information is current.

You must protect your account information, including your login ID and password. All activity on the Website that occurs under your login ID is your responsibility and we may treat it as having been done by you.  You must notify us immediately if there is any unauthorised use of your login ID.

We will keep your information confidential and not disclose it to third parties except in accordance with these Terms or as otherwise required or authorised by law.  All of your personal information will be managed in accordance with our Privacy Policy [link here].

  1. Payments and security

All prices are subject to change as part of our dynamic real-time pricing system, they are current as at the date and time they are published on the Website.  Any fees and charges payable in addition to the price of the product(s) are set out on the Website.

You will receive confirmation of your order and payment in the form of a receipt.  You should retain that receipt for tax purposes, if required.

We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make any unauthorised use, modification, reproduction or disclosure of it.  We will engage a third party to provide a secure payment transaction facility that allows you to pay online and accordingly we will not receive your payment information.  Your payment will be subject to the third party’s terms of service. [link to Pacific Express terms may be warranted, if approved by PE/ or from the payment page.  Likewise with PayPal]

  1. Delivery

Unless otherwise specified, all prices quoted on our Website or communicated by us to you are inclusive of delivery costs for delivery anywhere in Australia.  Delivery will be made to the address nominated by you.

Subject to these Terms, we will use our best endeavours to deliver your products as soon as possible.  Your products will be dispatched to you within one business day followingreceipt of payment [NB: St George’s Merchant Agreement is strict in this regard].

Delivery times will vary based on the delivery location.  As a guide, deliveries can usually be expected as follows:

  1. Sydney Metro – 1 to 3 Business Days
  2. Other NSW – 2 to 4 Business Days
  3. Brisbane, Canberra, Melbourne and Adelaide Metro – 2 to 5 Business Days
  4. Other Capital cities and regional areas - 3 to 10 Business Days

All delivery times in these Terms or communicated by us at anytime are estimates only and you shall not make any claim against us for any delay in delivery. 

If your delivery is not received within the stated timeframes, you may contact us by phoning 1300 447966 or emailing support@hiszone.com.au and we will take all reasonable steps to arrange immediate delivery of your products, including if necessary, delivery of new products if the original delivery is lost or misplaced in transit.  

If delivery could not be effected through no fault of ours or the delivery person, including but not limited to an incorrect delivery address or no one is available to receive the delivery, you may be charged any fee reasonably incurred by us in re-delivery of your product(s).

  1. Insurance

Unless otherwise specified, all prices quoted on our Website or communicated by us to you are inclusive of insurance for delivery anywhere in Australia. 

The risk in the product(s) passes immediately to you on receipt of delivery of them.  If the packaging on your product(s)  appears to be damaged at the time of delivery do not accept it.  Contact us immediately to enable us to investigate on your behalf.

If once, you open the packaging it is evident that the product(s) is damaged, do not use it and immediately contact us by phoning 1300 447966 or emailing support@hiszone.com.au. We will advise you how to return the goods for our inspection.  If we determine a returned is not damaged we will return it to you, at your expense or otherwise arrange dispatch of a new to you within 5 Business Days of receipt of the returned product and our usual delivery timeframes will apply to such delivery.

We will deem that you have accepted the product if we have not received notice from you within 24 hours of delivery to you.

You cannot make any claim against us for damage to your product(s).  We will do everything we can to ensure your product(s) are received on time in working order. We will use our best endeavours to resolve any issues that may arise in that regard as expeditiously as possible.

  1. Currency, Taxes and duties

Unless otherwise specified, all prices quoted on the Website or communicated by us to you are in Australian Dollars and are GST inclusive. 

Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new rate of GST.  We will issue a tax invoice to the payer for any supplies made by us to which GST applies.

You are responsible for payment of any and all other taxes and duties payable in relation to the product(s) acquired by you.

  1. Use of our Website

This Website is available for use by anyone who has agreed to these Terms.

Unless your access is revoked by us in writing, we grant you a non-exclusive licence to access and use the Website in the ordinary course of browsing the Website and ordering our products (including any reasonable incidental printing of information that occurs as part of that use) in accordance with these Terms.

The Website is provided to you on an "as is", "as available" basis, without any express or implied warranty by us. 

We cannot and do not warrant or represent that:

  1. the Website or the servers that make the Website available over the Internet are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;
  2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or
  3. the Website will operate on a continuous and uninterrupted basis.  Actually, the Website may be unavailable from time to time (including for maintenance purposes). 

As you’ll appreciate, the availability of content on the Website is also subject to the limitations of the Internet including re-buffering, loss of connection and dropouts.

While care has been taken when compiling the Website, it may use information from a range of sources, including third parties advertisements.  We can’t screen all of this material before it appears on the Website and are not responsible for and do not necessarily endorse its content.

  1. Refunds

Unless otherwise agreed by us in writing, in our absolute discretion, we do not provide refunds for our product(s) except in the case of defects. 

You agree that a product is not defective if it has been subject to:

  1. Misuse, abuse, neglect or accident;
  2. Alteration by you or any third party;
  3. Non-observance of the use and maintenance instructions; and/or
  4. Damage or malfunction due to normal use or fair wear and tear.

If you submit a claim for a refund on the basis of a defective product and on our examination of the product, engaging technical experts as required, we determine that it is not defective, we may charge you the cost of returning the product to us, any costs incurred in the examination and testing of the product and/or return of the product to you.

If we find the product to be defective, you will receive a refund by the same method as your original payment.  A refund will be processed within 2 Business Days of notification to you of acceptance of your refund claim. 

  1. Your Warranties

    You represent and warrant to us that:
  1. you are over 18 and otherwise have the legal capacity to be bound by these Terms; and
  2. any information you give to us (including over the Website) is complete, truthful, accurate and up to date.
  1. Your indemnity

You indemnify and agree to keep indemnified us and our officers, employees, agents and related companies against any costs, expenses, damages, liability, loss (whether direct, indirect or consequential) or third party claims (including legal fees and other costs incurred on an indemnity basis) for or arising out of or in any way connected to:

  1. storage charges and similar amounts incurred in relation to your shipment as a result of a failed delivery attempt, arising through no fault of our own;
  2. the costs of any changes to your delivery that we are asked by you to undertake after your initial order or re-delivery costs under Clause 7;
  3. your unauthorised use of the Website;
  4. any unlawful acts you perpetuate through the Website including fines and penalties;
  5. your breach of these Terms;
  6. failing to keep your Account login details secure resulting in authorised access to your account; and/or
  7. any malicious or negligent acts or omissions by you or your employees, agents, representatives or contractors.
  1. Limitation of our liability

We exclude all representations, warranties or terms (whether express or implied) other than any expressly described in these Terms or provided with our product(s) (such warranties differ between product(s)).  You should refer to the specific warranty information provided with each product(s) including details of how to make a warranty claim.

We will not be liable to you for loss or damage arising out of circumstances beyond our control including Acts of God (including without limitation, earthquakes, cyclones, storm, flood, fire) accidents (including without limitation plane crashes or boats sinking) or similar events.

We are not liable for and you release us from any liability to you whether arising in breach of contract, negligence or any other cause for:

  1. errors or omissions in the Website or linked sites;
  2. delays to, interruptions of or cessation of the services provided in the Website;
  3. unauthorised or illegal conduct of any other user of the Website;
  4. any delay in the collection or delivery of your package; and
  5. any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the Website or the services ordered over the Website, irrespective of whether it was brought to our attention when ordering shipment.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion of certain implied warranties or obligations.  If that legislation applies, to the maximum extent possible, we limit our liability in respect of any claim to:

  1. a refund of the price paid by you for the product(s); or
  2. the supply of a replacement of the product(s).
  1. Privacy

    We (or third parties authorised by us) may gather and process information:
  1. which you provide when accessing the Website, such as your name, address, email address and other information that can be connected with your identity; and
  2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

You acknowledge and agree to the terms of our Privacy Policy  (as amended from time to time) and consent to the collection, use and disclosure of personal information in accordance with that policy.

  1. Restrictions on use

Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you are prohibited from using (or attempting to use) the Website for a purpose other than that expressly permitted in these Terms unless you have our written consent. 

Without limiting this, this prohibition includes:

  1. reproduction, distribution and/or re-transmission of Website material in any material form and by any medium of communication (other than reasonable incidental printing of information that occurs as part of use of the Website in a normal manner);
  2. uploading and/or reposting Website material to any other site on the world wide web;
  3. “framing” the material on the Website with other material on any other website;
  4. mirroring the Website, data or content from the Website, or results pages on any other website or medium;
  5. facilitating or participating in any illegal activity via the Website;
  6. uploading or otherwise transmitting any computer worms, viruses or similar through or on the Website;
  7. damaging, modifying, interfering with, disrupting or destroying any files, data, passwords, devices or resources that belong to us;
  8. using the log-on ID or password of another user or otherwise attempting to access or use their account without authorisation from that user or us;
  9. data mining or sending automated queries of any kind to the Website without our prior written permission;
  10. holding yourself out as another person or business on the Website; and/or
  11. engaging in any other activity that we (in our absolute discretion) think is inappropriate.
  1. Refusal of use

If you breach these Terms we reserve the right to decline services, decline to register you as an account holder, terminate your registration and/or restrict your access to the Website (including via any other aliases you use) at any time at our absolute discretion without prior consultation or notice. 

If you have paid us for a product(s) and we, in our sole discretion, choose to refuse to provide them, we will refund your payment for that product(s) as long as you are not also liable to us for a breach of these Terms. 

  1. Failure to Act

Any failure by us to enforce or insist on timely performance of any of these Terms or any failure by us to exercise any right or remedy available to us under these Terms or at law shall not constitute a waiver of any default by you under these Terms or our rights to insist on your continued compliance with these Terms. 

  1. Disputes

    If a dispute arises between us in relation to these Terms or any other matter related to the Website, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing and we must both attempt to resolve the dispute informally and expeditiously. If you have a question or dispute you may contact us by phoning 1300 447966 or emailing support@hiszone.com.au
  1. Governing law

No matter where you are located, these Terms will be governed by and interpreted in accordance with the law of New South Wales, Australia.  You and we submit to the jurisdiction of the courts of New South Wales, Australia and courts able to hear appeals from them to determine any dispute arising out of or in relation to these Terms. 

  1. General

These Terms (together with any policies we publish) constitute the entire agreement between you and us and supersede all prior understandings or agreements, written or oral, about your use of the Website and our services.

You may not assign your rights or obligations under these Terms to third parties.

If any part of these Terms is unenforceable the remainder will not be affected.

A waiver of any of these Terms will only be effective if it is in writing and signed by us.

  1. Definitions

In these Terms:

  1. Business Day means any day that is not a Saturday, Sunday or declared Public Holiday in the State of New South Wales;
  2. Business Hours means between 7:00am and 6:00pm on a Business Day;
  3. GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  4. Terms means these Terms of Use as amended from time to time;
  5. Website means the website located at wwwhiszone.com.au;
  6. we, us and our means D2M Holdings Pty Limited ABN 21 113 650 954;
  7. writing includes by email from an authorised officer; and
  8. you means to the person using the Website (and, when that person is doing so as a representative of another person or entity with their implied or express authority, includes that person or entity too).

Contact

If you have any questions or comments about these Terms, please get in touch by using the contact details appearing in the footer of this website.

These Terms were last updated on 19 February 2013.

© D2M Holdings Pty Ltd.