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Terms and conditions

for

Koolfusion Koncepts - Starseeker.TV - Vivid.Directory - Starshopper.Tv

 

 

 

 


 

 

 

 Terms & Conditions:

 

  • Event & Website Terms & Conditions

  • Hire & Sales Terms & Conditions

  • Charities & Sponsors Terms & Conditions

  • Payment, Refunds Terms & Conditions

DEFINITIONS

 

" STARSEEKR.TV  Service/s" means:-

  • the application and platform controlled, operated or produced by Koolfusion Koncepts & or Starseeker.tv and or vivid.directory and or Starshopper.tv.

  • the Koolfusion Koncepts web site at www.koolfusion.com and www. STARSEEKER.TV and www.TRIX.IM and www.Vivid.directory and www.starshopper.tv (the"Site" or "Sites")

  • live streaming audio and/or video to one or more persons "live broadcasting services" on the Sites

  • the uses linked to and permitted by Starseeker.Tv and Koolfusion Koncepts and vivid.directory.

  • all tools associated with a Koolfusion and Starseeker.Tv and vivid.directory and starshopper.tv accounts

  • all services provided by Starseeker.Tv and Koolfusion Koncepts and vivid.directory and starshopper.tv.

"Koolfusion Koncepts  " means the corporation that provides Starseeker.Tv, Services and its officers, directors, employees, affiliates, agents, licensors, suppliers or representatives or any other party involved in creating, producing or delivering the STARSEEKER.TV Service.

“Ticketed Broadcast” means streaming audio/or visual content of any kind on STARSEEKER.TV  to one or more persons, entities or Users for a fee.

"Paid Services" include all web services and any related support services that we make available to you for a fee on the STARSEEKER.TV Website, except those web services for which we specifically provide a separate customer agreement. Our Paid Services include, but are not limited to:

  • Live streaming audio and visual content to one or more persons or entities for a fee "Live Broadcasting"

  • Produced Content

"You/User" means any person, company/entity ("Business") accessing the STARSEEKER.TV Service or any person or Business who uses, subscribes to, publish through, joins or visits STARSEEKER.TV. If you use the STARSEEKER.TV Service you represent to STARSEEKER.TV  that you have the authority to bind that Business. Your acceptance of the Terms and Conditions will be treated as acceptance by that Business. You and the Business are bound by the Terms and Conditions stated herein. Any reference to "you/your/user" will refer to that business.

"Policies" means any policies, rules or guidelines referred to herein and are hereby incorporated by reference into the Terms and Conditions of Use.

"Produced Content" has the meaning outlined in this clause. STARSEEKER.TV permits Users display video content that may be viewed by any person who chooses to view this video content or any person who is present while this video content is displayed. The video content may be viewed by persons live or otherwise. Produced Content means any content of this nature including but not limited to written works posted on message boards, chat and blogs, video, audio music, images or text.

 

GENERAL

By accessing STARSEEKER.TV Services and/or by clicking " I Agree" you accept the Terms and Conditions of Use.

By accepting the Terms and Conditions of Use you are also required to use STARSEEKER.TV in accordance with the Policies referred to herein.

Your use of the site is subject to the Terms and Conditions at all times.

TRIX.immay add, remove or change the Terms and Conditions of Use at any time. Please check these Terms and Conditions of Use and Policies regularly. In the event of any inconsistency between the Policies and Terms and Conditions of Use the Terms and Conditions of Use shall prevail. By accessing or using after the posting of any changes to the Terms and Conditions of Use and Policies you are deemed to have accepted and are bound by such changes.

 

ELIGIBILITY

To be a User you must be at least 13 years of age.

 

PROHIBITED USE

Post, upload to or create on the STARSEEKER.TV web site:-

  • content that violates any law, regulation, treaty

  • misrepresentations that may damage STARSEEKER.TV or any third party

  • content that is unlawful, obscene, defamatory, libelous, pornographic, vulgar, harassing, hateful, racially or ethnically offensive or in the STARSEEKER.TV 's sole discretion is otherwise inappropriate

  • falsely claim an association or affiliation with any person or entity

  • impersonate another person or entity

  • access the STARSEEKER.TV account of others without permission

  • perform other similar fraudulent activity

  • use the STARSEEKER.TV Service for any purpose other than that permitted in this Agreement

  • disable or otherwise interfere with security related features of the STARSEEKER.TV Service

  • defame, harass, threaten or defraud users of the STARSEEKER.TV Service or third parties without their consent

  • attempt or endeavour to discover coding for the STARSEEKER.TV Service

  • interfere or harm operation of the STARSEEKER.TV Service

  • interfere or harm any user's enjoyment of the STARSEEKER.TV Service

  • interfere, disable or damage the STARSEEKER.TV Service in any manner whatsoever

  • copyright infringing activities

  •  

TERMINATION

You agree that STARSEEKER.TV may in its sole discretion and with or without notice:-

  • for any reason whatsoever suspend or terminate any account ( or any part thereof) you may have with STARSEEKER.TV

  • prohibit your use of the STARSEEKER.TV Service

  • discard, remove, discontinue all or any part of your account

  • terminate your account and prohibit access to the service for any breach of the terms of use set out herein

  • refer any suspect or reported fraudulent, abusive or illegal activity to law enforcement authorities

You agree that STARSEEKER.TV will not be liable to you or any third party for any action taken in this clause. Any remedies outlined in this clause or this agreement is in addition to the remedies available to STARSEEKER.TV at law or in equity.

 

YOU

You agree that your only remedy with respect to any issue you may have with the STARSEEKER.TV Service, any term of the terms of use set out herein, any policy or practice of STAR5SEEKER.TV, any content or information on the STARSEEKER.TV Service, is to terminate your use of the STARSEEKER.TV Service. You may terminate your use of the TRIX.im Service by terminating your account, discontinuing use of any and all parts of the STARSEEKER.TV Service.

 

MATERIAL AND CONTENT

STARSEEKER.TV permits Users to display, view and store content that is viewed simultaneously or nearly simultaneously by all viewers of such content. The STARSEEKER.TV  Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content. The STARSEEKER.TV Service permits its Users to create, upload and/or display content of their own creations, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text also referred to as Produced Content in this agreement.

You understand that when using the STARSEEKER.TV Service, you will be exposed to content from a variety of sources, and that STARSEEKER.TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TRIX.im with respect thereto. STARSEEKER.TV does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and STARSEEKER.TV expressly disclaims any and all liability in connection with the Produced Content.

TRIX.im its officers, directors, employees, affiliates, agents, licensors, suppliers and representatives has made nor makes any representation or warranty, express or implied, as to:-

  • the accuracy or completeness of any content or material on the STARSEEKER.TV web site;

  • fitness of the content or material on the Site for any particular purpose;

  • delays, interruptions, errors or omissions on the STARSEEKER.TV web site;

  • the Starseeker.Tv web site meeting your needs or requirements

The User must make its own assessment of any content or material disclosed on STARSEEKER.TV and the user shall satisfy itself as to the accuracy, completeness, fitness and suitability of the site, content or material.

You agree that you use, access, download or otherwise obtain information, materials through the STARSEEKER.TV Service or any third Party Service at your own risk and that you will be sole responsible for any damage or loss that you may suffer.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against STARSEEKER.TV with respect thereto and agree to indemnify and STARSEEKER.TV, its owners, operators, officers, directors employees, affiliates, licensors, suppliers and representatives harmless to the fullest extent allowed by law regarding all matters relates to your content and use of the STARSEEKER.TV Service.

Subject to any law to the contrary, and to the maximum extent permitted by law STARSEEKER.TV its owners, operators, officers, directors, employees, affiliates, licensors, suppliers and representatives disclaim all liability for any claims, demands, suits, actions, loss or damage (whether foreseeable or not) suffered by any person acting on any content, material or information on the Site whether the loss or damage arises in connection with any negligence, default, lack of care or misrepresentation on its part ( or the part of its officers, directors, employees, affiliates, licensors, suppliers and representatives) or any other cause and the User hereby releases Starseeker.Tv from all such liability to the User.

 

LIMITATION OF LIABILITY

STARSEEKER.TV, its officers, directors, employees, affiliates, agents, licensors, suppliers or any party involved in creating, producing or delivering the STARSEEKER.TV Service shall not be liable in any manner whatsoever for any damages of any kind, including but not limited to loss of profits or date, business interruption, indirect, incidental, consequential, special or punitive damages arising out of:

  • the STARSEEKER.TV Service, your access, use or inability to use this TRIX.im Service; and

  • any performance malfunction, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and

  • inaccuracy of the information on the STARSEEKER.TV Service; and

  • delay or loss of the use of the STARSEEKER.TV Service; and

  • personal injury or property damage of any nature whatsoever, resulting from your access to and use of the STARSEEKER.TV Service; and

  • any unauthorised access to or use of our secure servers and/or any and all personal identifiable information stored therein; and

  • any bugs, viruses, Trojan horses or the like which may be transmitted to or through the STARSEEKER.TV  Service by any third party.

The liability (if any) of Starseeker.Tv or its affiliates, contractors, employees, agents, licensors or suppliers to You for all damages, losses and causes of action arising out of or relating to these terms of your use of the STARSEEKER.TV Service or your interaction with other STARSEEKER.TV Service users (whether in contract, tort including negligence, warranty, or otherwise) shall not exceed the amount paid by you, if any, to STARSEEKER.TV for the particular STARSEEKER.TV Service to which your damage, loss, cause of action, claim or any other loss directly relates.

STAREEKER.TV reserves the right to amend, remove or discontinue any portion of the Starseeker.Tv Service or the content on the STARSEEKER.TV Service or to suspend or terminate your use in any way, at any time, for any reason, without prior notification and will not be liable in any way for possible consequences of such changes.

The above mentioned limitations apply whether the liability is based on contract, tort, negligence or any other basis even if STARSEEKER.TV, its officers, directors, employees, affiliates, agents, licensors, suppliers or any other party has been advised of the possibility of such damages.

These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any third party services or otherwise by third parties other than Starseeker.Tv and received through or advertised on the STARSEEKER.TV Service or received through any reference sites.

You acknowledge that Starseeker.Tv shall not be liable in any manner whatsoever for produced content or the defamatory, offensive or illegal conduct of any third party and that the risk of loss or damage from the foregoing rests entirely with the User.

As some jurisdictions prohibit the exclusion or limitation of certain types of damages, STARSEEKER.TV, its officers, directors, employees, affiliates, agents, licensors and suppliers liability in such jurisdictions shall be limited to the fullest extent permitted by law.

INDEMNITY

The User shall indemnify and keep indemnified and shall hold harmless STARSEEKER.TV from and against any claim, demand, suits, actions, damages, loss or liability which arises in respect of the use or application to the maximum extent permitted by law.

 

OWNERSHIP OF CONTENT AND LICENCE TO Starseeker.Tv

You retain all ownership rights in your Produced Content on STARSEEKER.TV

Users that submit Produced Content to STARSEEKER.TV:

  • grant STARSEEKER.TV  a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, utilise, reproduce, distribute, publish, create derivative works of, display, edit, and otherwise exploit your Produced Content solely in connection with the Starseeker.Tv  Service and STARSEEKER.TV (and its successor's) including without limitation for promoting and redistributing your Produced Content or part of or all of the STARSEEKER.TV Service (and derivative works thereof) in any media formats or medium now or hereafter in existence; and

  • grant each user of the STARSEEKER.TV  Service a non-exclusive license to access your Produced Content through the STARSEEKER.TV  Service, and to use, reproduce, distribute, publish, prepare derivative works of and display such Produced Content solely as permitted through the functionality of the STARSEEKER.TV Service and under these Terms and Conditions of Use

You are solely responsible for all of your Produced Content and you acknowledge and affirm that the STARSEEKER.TV Service provides you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of broadcasting or publishing it.

You affirm, represent and warrant that:

  • You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise Starseeker.Tv ' Users to use and distribute Your Produced Content as necessary to exercise the rights and licenses granted by You in these Terms and Conditions in the manner contemplated by STARSEEKER.TV  and these Terms and Conditions; and

  • Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame, libel, or invade the right of privacy, publicity or other rights of any person or entity; and

  • Your Produced Content does not contain any viruses, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the STARSEEKER.TV  Service.

You affirm that your Produced Content does not and shall not violate any of the "Prohibited Uses" set out in the Terms and Conditions of Use.

Should you violate a third party’s rights you may be subject to criminal and civil liability. STARSEEKER.TV reserves all rights and remedies against any Users who violate these Terms and Conditions of Use.

You understand that STARSEEKER.TV reserves the right to discontinue any aspect of the STARSEEKER.TV Service at any time, including the right to discontinue the display of any Produced Content or linked or embedded content.

You are not entitled to any compensation from TRIX.im for any Produced Content for any reason.

 

PRIVACY POLICY

TRIX.im is dedicated to protecting your privacy of Users of the STARSEEKER.TV Service. Please refer to our Privacy Policy for details with respect to the manner in which STARSEEKER.TV collects and your personal information.

 

COPYRIGHT

If you are a copyright owner or an agent thereof and believe that nay content on the STARSEEKER.TV Service infringes your copyrights, you may notify STARSEEKER.TV  in writing of the infringement. This notice of claimed infringement shall identify:-

  • the person authorised to act on behalf of the copyright owner with respect to copyrights; and

  • the material on the TRIX.im web site that is the subject of the copyright infringement so that STARSEEKER.TV can locate sufficiently identify this material; and

  • a request that the material be removed or disabled

  • contact details for the Copyright owner

  • a statement that the copyright owner believes in good faith that the material identified contravenes in the manner complained of with the copyright owners copyrights.

  • That the contents of notification is accurate

If you receive notice from STARSEEKER.TV that your content has been removed or disabled pursuant to a notification of alleged infringement and believe that this improper or incorrect you may provide STARSEEKER.TV with a counter notification and include the following:-

  • identification of the material that has been removed or disabled; and

  • the location of this material on the STARSEEKER.TV site prior to removal or disabling

  • a statement that you have a good belief that the material removed or disabled does not contravene copy rights and the reasons for this belief.

STARSEEKER.TV accepts no liability whatsoever where Users cause copyright infringement.

STARSEEKER.TV reserves the right to terminate without notice any user's access if in STARSEEKER.TV 's sole discretion any User's access that contravenes copyright.

STARSEEKER.TV accommodates and does not interfere with measures used by copyright owners to protect their materials.

PASSWORDS AND PERSONAL SECURITY

You agree to be responsible/liable for maintaining the confidentiality of any passwords or other account identifiers used to access STARSEEKER.TV Services.

You are agree to be liable for all activities that occur under such password or account identifiers.

You agree to notify TRIX.im of any loss of your password or account identifiers and any unauthorised use of your password or account identifiers.

Without limiting anything in this Agreement, Starseeker.Tv will not be responsible either directly or indirectly in any way for any claim, demand, suits, actions, damages, loss or liability of any kind incurred as a result of, or in connection with your failure to comply with this section.

 

THIRD PARTY WEBSITES

The STARSEEKER.TV Service contains links to other websites and services operated by other people or companies ("Third Party Services"). Third Party Services may have their own terms and conditions of use. STARSEEKER.TV does not endorse any such Third Party Services or the material, content, services or goods provided on or accessible through Third Party Services. Without limiting anything in this Agreement, Starseeker.Tv will not be responsible either directly or indirectly in any way for any claims, demands, suits, actions, damages, loss or liability of any kind incurred as a result of, or in connection with your use of these Third Party Services.

 

RELEASE FOR DISPUTES BETWEEN USERS

Without limiting anything in this agreement if you have a dispute with one or more Users, you release STARSEEKER.TV's officers, directors, employees, affiliates, agents, licensors, suppliers and representatives from any claims, demands, suits, actions, damages, loss or liability of any kind.

 

WAIVER AND SEVERABILITY

Failure or omission to enforce any provision of this Agreement shall not constitute a waiver TRIX.im  right to enforce any provision at any time thereafter.

Any waiver of a breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach.

If any part or whole of any provision of this Agreement is found to be unenforceable, such part or whole provision shall be severed from this Agreement or where permissible at law such part or whole provision shall be modified only to the extent necessary to make it enforceable and so that it reflects the parties intention. The remaining provisions of this Agreement shall remain in full force and effect.

 

JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of the State of New South Wales. Any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the state of  New South Wales and you hereby submit to the personal jurisdiction of such courts.

Copyright 2014 © Koolfusion Koncepts

 

SPONSORS

Sponsors must email their - name and address pack number, shirt or cap sizes and any other relevant information, like the picture you would like on the item. 

If no email accompanies the donation it will be deemed as a donation only with no further action required on our behalf.

 

Sponsors must allow eight weeks for delivery  of any purpose designed products. 

Delivery costs are an extra cost and $10.00 needs to be added to the donation fee in Australia and $18.00 for international destinations.

 

Live events are subject to country and location and venue. The events offered are  for the entertainment and not for the running of the event unless approved by Koolfusion Events in writing. Any site inspections, accommodation and travel will be at the investment of the sponsor.

Please note that we will do our best to satisfy our requests but Koolfusion Koncepts accepts no responsibility for any damage in transport or any unforeseen consequences arising from the sponsors use or misuse of our products and offers no refunds.

 

 

Koolfusion reserves all rights for copyrights and trade marks for all names and products presented on the website.

 

Charity Partners

 

Charity partners association to TRIX.im and the NOVA Program for Charities are only at the discretion of STARSEEKER.TV.

STARSEEKER.TV reserves the right to refuse a charity  joining of the NOVA program and also the right to remove a charity from the NOVA program without notice and for any reason whatsoever. The Charity agrees to comply with the wishes and directions of STARSEEKER.TV.

Charity Partners agrees to stop any activity concerning STARSEEKER.TV or it's products or events  that STARSEEKER.TV deems not in the best interest of STARSEEKER.TV or it's  partners with no recourse by the charities.

Charities may only be eligible for the NOVA Program if they are registered as charities by their government. If the Charity loses it's charity status with the government, then TRIX.im reserves the right to remove the charity from the NOVA program without notice or recourse on their behalf.

STARSEEKER.TV holds no responsibility for the use or misuse of the NOVA program by the charities. The points of view by the Nova program charity partners are not those of STARSEEKER.TV and  STARSEEKER.TV will not be responsible for their views or actions  of the charity partners in any way.

 

 

 Rewards

 

  • For our Sponsors to receive their rewards, they must email their - name and address pack number, shirt or cap sizes and any other relevant information, like the picture you would like on the item.

  • All rewards are offered in good faith, please note that the rewards may alter somewhat from the products image or description on this website.

  • Sponsors details: If no email accompanies a donation for it will be deemed as a donation only with no further action required on our behalf.

       Please contact :  starseekertv@gmail.com  with any inquires.  

 

Agreement For Hire Of Plant And Equipment

Recitals:

 

R1.       The owner is the proprietor of the plant and equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).

R2.       The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.

 

Operative Part:

 

  1. Hire of plant and equipment

    • The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.

    • The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.

    • The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined in the schedule

    • The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.

 

  1. Payment for rental

    • The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.

    • The hire fee must be paid to the owner prior to or on the commencement date of the hire period.

 

  1. Use, operation and maintenance

    • The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.

    • The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.

 

 

 

 

3.3        The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.

  1. The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.

  2. The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. Fuel tanks on any equipment shall be full of fuel when the equipment is returned to the owner. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.

 

4.         Hirer’s warranties

  1. The hirer warrants that:

    1. the equipment will be used in accordance with the conditions outlined in the schedule;

    2. the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;

    3. the hirer holds a valid current driver’s licence, operating licence or permit valid for the type of equipment hired;

    4. the equipment will not be used for any illegal purpose;

    5. the hire’s vehicle is suitable for towing the equipment;

    6. the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and

    7. the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.

 

    1. To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.

 

6.         Loss, damage or breakdown of plant and equipment

  1. The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.

  2. If there is a breakdown or failure of the equipment then the hirer shall return the equipment to the owner at the hirer’s expense and the hirershall not attempt to repair the equipment.

 

    1. The owner will maintain current insurance policies in respect of the equipment to its full insurable value.

 

8.         Liability

  1. The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.

 

    1. To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.

 

 

10.       Title to goods 

  1. The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.

  2. The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.

 

    1. The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.

    2. If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.

 

12.       Completion of the hire period

  1. The hire period is completed when the equipment has been returned to the owner:

    1. in the same condition as when it was hired; and

    2. on or by the date and time outlined in the schedule.

 

13.       Non-merger

  1. The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

 

    1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

 

15.       Governing law

  1. This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.

 

    1. In this Agreement, unless the context otherwise requires:

      1. A reference to the singular includes the plural and vice versa;

      2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;

      3. A reference to an individual shall include corporations and vice versa; and

      4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.

    2. In this Agreement, headings are for convenience only and do not affect interpretation.

Payment, Refunds Terms & Conditions

                                                                                              

 

Unless otherwise specified and agreed to by STARSEEKER.TV in writing, the following Terms and Conditions of Sale shall apply to all supply by  STARSEEKER.TV or any of its subsidiaries:

 

Payment of Accounts:

Payment of all accounts is required by the due date, being the end of the month following the month of purchase. Any expenses, cost or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be the applicant/debtor, providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor and in any event the commission is not to exceed 18% of the debt value, plus out of pocket expenses.

 

Delivery:

STARSEEKER.TV shall not be liable for delay in delivery due directly or indirectly to war, acts of God, strikes, lockouts, riots, government action or interference, shipping delays, or other causes beyond its control including failure for any reason whatsoever of any supplier (including the buyer) to deliver any part of the goods to STARSEEKER.TV. In no case shall STARSEEKER.TV be liable for loss or damage either directly or indirectly from a failure to deliver by any specific date.

 

Transit:

It is the buyers responsibility to check the quantity and condition of goods received, to note any shortage or damage by way of endorsement on the carriers delivery dockets and to lodge claims, where appropriate, against the carrier or insurer.

 

Guarantees & Warranty:

All goods come with a one year manufacturing warranty except consumables such as but not limited to: Light globs, Fog juices, Smoke juice, Glow sticks, Ear phones, Microphones.

No credit or replacement will be issued for Guarantees or Warrant:y,  unless the return is first approved by STARSEEKER.TV by the way of a Guarantees & Warranty Authority Number

No responsibility will be accepted for any defect unless written complaints are first addressed to STARSEEKER.TV within seven days of the date of delivery to the buyer and unless STARSEEKER.TV has been given the first opportunity to remedy the defect. In every case STARSEEKER.TV’ liability is limited to replacing free of charge all or such parts of the goods as have proved defective. Liability for consequential damage or loss of any kind is expressly excluded. Save as provided herein all warranties, guarantees or conditions, whether arising from statute, regulation, general usage or otherwise, as to quality or fitness for any purpose are hereby expressly excluded.

 

Returning Goods:

No credit or replacement will be issued for returned goods unless the return is first approved by STARSEEKER.TV by the way of a Return Authority Number. Returned goods will attract a 25% restocking fee and are to be returned by the buyer at the buyer’s expense with the original undamaged product box to Starseeker.Tv warehouse NSW Australia.

 

Reservation of Title:

Risk in all goods supplied passes on delivery but STARSEEKER.TV reserves the right of disposal of the goods and the title to and property in such goods shall not pass to the buyer until STARSEEKER.TV has received payment in full for such products as well as payment for all goods supplied by STARSEEKER.TV to the buyer and until all other sums owing by the buyer to STARSEEKER.TV has been paid, in each case regardless of the time at which any such payment may be due provided however that the buyer may sell such goods to a customer in the ordinary course of business and in the case of such a sale (but not otherwise) the property in the goods so sold shall vest in the buyer immediately prior to the time of sale for the sole purpose of enabling the buyer to transfer to its customer. STARSEEKER.TV shall have the right to enter the buyer’s premises to repossess any goods if any sums are outstanding. The buyer shall be liable for the cost of repossession.

In the event of a receiver, liquidator or official manager being appointed to manage the affairs of the buyers, then any failure by the appointee to allow immediate repossession of all goods claimed under this reservation of title will render the appointee liable in an action for unlawful conversion of the goods.

 

Set-off:

The buyer agrees and understands that the account as between STARSEEKER.TV and the buyer is a running account to the intent that the sums owing STARSEEKER.TV to the buyer will be set off against sums owing by the buyer to STARSEEKER.TV in the books of account kept by STARSEEKER.TV.

 

Arbitration:

If a dispute arises the buyer nevertheless takes delivery and makes payment for them on the terms set out in these Terms and Conditions of Sale. At the same time the dispute shall be referred to arbitration (if the parties cannot otherwise agree) in which case the decision of the arbitrator will be final.

 

Law:

The provisions and conditions of these Terms and Conditions of Sale shall be determined by the laws of Australia.

 

The terms and conditions set out above shall be included as Terms and Conditions in any contract resulting between the parties and in the case of any conflict arising between these Terms and Conditions and the Terms and Conditions of the buyer’s order, then the Terms and Conditions shall prevail.  

 

Return Authority Number Form

 

Please fill in the return form with the Invoice Number , Date of Order and the Reason for questing a return of goods.

Please  Note: No credit or replacement will be issued for returned goods unless the return is first approved by STARSEEKER.TV by the way of a Return Authority Number.

Returned goods will attract a 25% restocking fee and are to be returned by the buyer at the buyer’s expense with the original undamaged product box to Starseeker.Tv warehouse NSW Australia.

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Guarantees & Warranty Authority Number Form

 

Please fill in the claim form with the Invoice Number , Date of Order and the Reason for questing a return of goods.

All goods come with a one year manufacturing warranty except consumables such as but not limited to: Light globs, Fog juices, Smoke juice, Glow sticks, Ear phones, Microphones.

No responsibility will be accepted for any defect unless written complaints are first addressed to STARSEEKER.TV within seven days of the date of delivery to the buyer and unless STARSEEKER.TV has been given the first opportunity to remedy the defect. In every case STARSEEKER.TV’ liability is limited to replacing free of charge all or such parts of the goods as have proved defective. Liability for consequential damage or loss of any kind is expressly excluded. Save as provided herein all warranties, guarantees or conditions, whether arising from statute, regulation, general usage or otherwise, as to quality or fitness for any purpose are hereby expressly excluded.

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