By using our online services, you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms, please do not access, use and/or contribute to any of our online services.
In the following Terms and Conditions policy, we will use such terms to identify INCART.com.au “We” or “Our,” “Company.” The terms “Client” refers to an individual who purchase different items from INCART.com.au.
- Users Policy.
The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password (“Your Account”) to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.
- Acceptance of your order
Your request is an offer to purchase from us. Nothing that we do or say will sum to any acknowledgment of that offer until we really dispatch the Products to you. Anytime up until then, we might decrease to supply the Products to you without giving any reason. Your request is an offer to purchase from us. Nothing said or done by us is an acknowledgment of a request until we affirm acknowledgment in composing, alluding to the request.
- Delivery and Sale of Products
At whatever time before the Products are dispatched, INCART might delay to supply the items to you without giving any reason.
Your request is an offer to purchase from us. INCART should acknowledge your request by email affirmation. That is the point at which our agreement is made. Our message will likewise affirm subtle elements of your buy. If we don’t have the majority of the Products you arrange in stock, we will offer you options. In the event that this happens you might:
- Accept the choices we offer;
- Cancel all or some portion of your request.
- Remote expenses and obligations
You are in charge of buying Products which you are legally ready to import and for the instalment of import obligations and expenses of any sort collected in your nation.
- Social media
Users are not allowed to publish, post or release any information that is prohibited social media conduct include posting commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment.
- INCART uses a number of social media sites (e.g. Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change with the period of time.
- Content pertaining to sensitive information should not be shared to the outside online community. Divulging information like the website designs, internal operations and internal matters are prohibited.
- Dishonorable content such as racial, ethnic, sexual, religious, and physical disability slurs are not tolerated.
- INCART may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving INCART) at any time in the future, and via any media.
- Collecting your information
By using our online services, you agree to provide any relevant information, documents and attachments, through electronic means, in the format and to the standards described for each transaction. You also agree and understand that the information collected will be retained in electronic form. INCART will also use customers email id to send newsletters for promotions.
- Accuracy of transaction information
Upon completing a transaction using our online services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction, credit card/account information and other details are correct. You should print the transaction confirmation for future reference and for your files.
- Right to suspend, alter, or cancel service
The INCART.com.au shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all our online services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
- Prohibited uses.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Australia or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- You agree not to “scrape” or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Website security (for online payments)
Online payment services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. INCART shall have no liability for the interception or ‘hacking’ of data through the website by unauthorized third parties.
- Limitation of Liability
IN NO EVENT SHALL OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- YOUR INABILITY TO AGREE TO THE LAW OF ANY NATION;
- YOUR RUPTURE OF THIS UNDERSTANDING;
- ANY ACT, DISREGARD OR DEFAULT BY ANY SPECIALISTS, REPRESENTATIVE, LICENSEE OR CLIENT OF YOURS;
- WE HAVE ADVERTISEMENTS AND OTHER WEBSITE LINKS ON OUR SITE AND INCART WILL NOT BE RESPONSIBLE FOR ANY OTHER WEBSITE ISSUE OR FRAUDS.
- EVENTS PROMOTIONS ON OUR WEBSITE ARE ONLY FOR ADVERTISEMENT PURPOSE, AND INCART ARE NOT RESPONSIBLE FOR ANY DISPUTE OR EVENT CANCELLATION.
- TO APPLY FOR A REFUND, CUSTOMERS HAS TO FOLLOW OUR REFUND POLICY AND FOLLOW THE PROCESS TO LODGE REFUND.
- INCART NEVER ASK FOR CARD DETAILS VIA PHONE OR MESSAGE FROM OUR CLIENT. ALL TRANSACTIONS SHOULD BE MADE VIA INCART PAYMENT GATEWAY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INCART ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
The failure or delay of INCART to exercise or enforce any right in these terms does not waive their right to enforce that right.
Each of the provisions of these terms and conditions is severable and distinct from the others, and if at any time one or more of such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
- Governing law and jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, Australia law and any dispute arising from, or related to these terms and conditions, and their related services, shall be subject to the exclusive jurisdiction of the courts of Australia.