Conditions of Use

1 ACCEPTANCE OF TERMS

These terms and conditions ("Terms and Conditions") govern your use of the Website which we, Magellan Technology Australia Pty Ltd ("Magellan"), operate from the URL www.Magellan.com.au ("Website"). Your access to and use of the Website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting these Terms and Conditions. You should not use the Website if you do not accept these Terms and Conditions. If you have any questions please contact Magellan's store Support team through the contact us pages on www.Magellan.com.au. The Terms and Conditions govern your use of the Website only. They do not apply to any products or goods that you buy using this Website. For the Terms and Conditions that apply to products or goods bought using this Website please see Product Terms and Conditions.

2 AVAILABILITY AND USE OF WEBSITE

2.1 Magellan endeavours to offer you the best possible service via the Website but cannot guarantee that the Website will be fault free. If a fault occurs, please contact us through www.Magellan.com.au
2.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.
2.3 Occasionally we need to carry out essential repairs, maintenance and/or updating of the Website which may restrict your access. In these circumstances, we endeavour to restore the service to you as soon as possible.
2.4 You may not use the Website to:
2.4.1 gain unauthorised access to other computer systems;
2.4.2 interfere with or disrupt any network or Website connected to the Website;
2.4.3 interfere with the use of the Website by any other person.
2.5 The contents of the Website do not constitute advice and you should not be relied upon in making, or refraining from making, any decision.

3 ORDERS

All orders placed via the Website are subject to Magellan's Product Terms and Conditions, Privacy Policy and Shipping and Returns Policy which you will be asked to accept when placing your on-line order.

4 CHANGES TO WEBSITE

4.1 Magellan reserves the right to:
4.1.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Magellan shall not be liable to you for any such change or removal; and
4.1.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change

5 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or the goods or services available from or the availability of any such websites.
You should check the privacy statements and terms and conditions of use of third party websites accessible from our Website

6 INTELLECTUAL PROPERTY

6.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights (whether registered or unregistered, registrable or unregistrable throughout the world). All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Magellan or otherwise used by Magellan as permitted by law.
6.2 Save as otherwise permitted by this clause or by the Copyright Act 1968, none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6.3 Use of the Website does not constitute a licence for you to use any trade marks, designs, and/or logos of Magellan without the prior express written permission of Magellan

7 DISCLAIMERS AND LIMITATION OF LIABILITY

7.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy and whilst Magellan has taken every care in the preparation of the content of the Website we cannot guarantee that it is accurate.
7.2 To the extent permitted by law, Magellan will not be liable for any damages for loss of profits, business or revenue, loss of anticipated savings or wasted expenditure, loss of privacy and/or loss of data or for any other direct loss or damage or for any indirect or consequential loss or damage whatever which relates (directly or indirectly) to your use of the Website.
7.3 Magellan makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Magellan for death or personal injury as a result of the negligence of Magellan or that of its employees or agents.
7.5 Magellan shall not be liable to any person for any loss or damage, which may arise (directly or indirectly) from the use or misuse of any of the information contained in any of the materials on the Website.

8 INTERNATIONAL USE

UNLESS OTHERWISE SPECIFIED, THE CONTENT OF THE WEBSITE ARE DIRECTED SOLELY AT THOSE WHO ACCESS THE WEBSITE FROM AUSTRALIA. MAGELLAN MAKES NO REPRESENTATION THAT ANY GOODS OR SERVICES REFERRED TO IN THE WEBSITE ARE APPROPRIATE FOR USE, OR AVAILABLE, IN LOCATIONS OUTSIDE AUSTRALIA. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM LOCATIONS OUTSIDE AUSTRALIA ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. MAGELLAN PROHIBITS ANY ACCESS AND/OR USE OF THE WEBSITE FROM OUTSIDE AUSTRALIA WHERE THE CONTENTS OF THE WEBSITE ARE ILLEGAL OR UNLAWFUL.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia and you hereby submit to the exclusive jurisdiction of the courts of New South Wales.

10 GENERAL

10.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10.2 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

PRODUCT TERMS AND CONDITIONS

These terms and conditions ("Product Terms and Conditions") apply to all transactions concluded with you, the Customer, via the website which we, Magellan Technology Australia Pty Ltd ("Magellan"), operates from the URL "www.Magellan.com.au" ("Website"). Please read them carefully before placing your order and print a copy for future reference.
These Product Terms and Conditions should be read in conjunction with our Privacy Policy which describes how we use the personal and transactional information you give us when placing an order.
By clicking on the "Accept" button you accept and agree to be bound by these Product Terms and Conditions, the Privacy Policy, the Shipping and Returns Policy and the Website Terms and Conditions of Use which together shall constitute the entire agreement between us.

11 ORDERS

You must be aged 18 or over and resident in Australia before you can place an order via the Website. We will send you an email to acknowledge receipt of your order, please note that neither this acknowledgment nor receipt of your credit card details amounts to an acceptance of your order. Occasionally, goods may go out of stock after payment has been debited from your account. If this happens we will notify you by email and credit your account as soon as possible. Our acceptance of your order takes place upon Magellan notifying you by email that the goods are available and will be dispatched to you at which point you are committed and the purchase contract is made.
You will have an opportunity to identify and correct any input errors you make until you press the confirm order button.
We reserve the right to decline all or part of your order before the contract is made for any reason whatsoever. If we do this we will notify you by email.

12 PRICES

Prices quoted on the Website are correct at the time of publishing. Goods are priced in Australian dollars ($AU). Prices are expressed inclusive of Goods and Services Tax ("GST") which will be charged at the current rate as shown on the on-line order form and are exclusive of delivery charges. Where they apply, delivery charges will be added to the price of the goods purchased so that the on-line order form shows the total charges which we will debit. (Please see our Shipping and Returns Policy for a full list of delivery charges and how they are calculated.)
The prices indicated apply only to on-line purchases and are not indicative of the price of identical goods purchased at any retailer or by any other means. Prices may change from time to time so please check the up to date pricing before you submit your order.

13 DELIVERY, OWNERSHIP AND RISK

We will endeavour to deliver the goods to you within 5 to 10 working days from the date of receipt of your order, depending on the method of delivery you choose. (Please see our Shipping and Returns Policy for details of the alternatives available).
Any time or date stated for delivery is an estimate only. Orders placed during a weekend or Bank Holiday or for delivery to addresses outside mainland Australia may be delivered outside of this timescale.
Magellan makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.
If Magellan is unable to deliver the goods within 30 days' beginning with the day after acceptance of your order, you will be entitled to cancel the order and require any monies paid to Magellan in respect of that order to be refunded.
Magellan does not accept any liability for shortages, incorrect orders or damage to deliveries which are apparent on delivery unless you notify us in writing within 7 days' of delivery.
Delivery is deemed to take place when the goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you. The goods will not belong to you until payment is received in full by Magellan.
Nothing in this section affects your statutory rights (contained in the Trade Practices Act 1974 (the "Act") or elsewhere) or any other rights you have under these Terms and Conditions.

14 CREDIT AND DEBIT CARD PAYMENT

You shall make payment for the goods by supplying your credit/debit card details in the on-line order form. All purchases made are subject to authorisation by the issuing card authority. We take precautions to keep the details of your order and payment secure. Security of your credit card details is important to us and so we have made arrangements for your payment and credit card details to be handled by WorldPay. WorldPay have their own security arrangements which can be viewed at WorldPay Support. The Internet is not a secure medium, and we are unable to accept any responsibility for any losses caused as a result of unauthorised access to credit card and payment related information you provide us when placing an order except where this is caused by our negligence.

15 PRODUCT SPECIFICATIONS

Magellan does not sell products on a trial basis. Customers are strongly advised to check the suitability and specifications of products before ordering. Nothing in this section affects your statutory rights or any other rights set out in these terms and conditions.
Magellan makes every effort to supply the goods as advertised on the Website but reserves the right to vary actual dimensions and specifications without prior notice, to reflect upgrades or improvements to Magellan's products from time to time.
Magellan has made every effort to display on the Website as accurately as possible the colours of our products. As the colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the product delivered.

16 PRODUCT AVAILABILITY

If for any reason the goods are no longer available we will notify you promptly and either:
(a)give you the option of receiving alternative goods of similar price and quality; or
(b)cancel the item from your order and refund you in full for that item.
If you do not wish to accept the alternative goods offered you may cancel the order for those goods and require any money paid to Magellan in respect of those goods to be refunded in full.

17 PROHIBITED COUNTRIES

Unless an appropriate license, exemption or similar authorisation has been duly obtained, you shall not export or re-export any goods you purchase from us to any of the following countries: Myanmar (Burma), Cuba, Iran, Iraq, Liberia, Libya, North Korea, Rwanda, Sudan, Syria, Western Balkans, Zimbabwe and/or to any other country, entity or person designated as a prohibited country, entity or individual from time to time (under U.S. or international laws).

18 WARRANTIES AND RETURNS

We have two returns policies depending on whether the goods are faulty or not as set out below.

Return of Incorrect Orders
Subject to paragraph 6 above, in the unlikely event that the goods you receive do not match your order, you may return the unwanted goods within 7 working days' of delivery provided you notify us in writing as soon as possible following delivery. (Please email support@magellan.com.au ) If the goods are sealed (such as computer software) you may only return the goods if the seals have not been broken and they are re-saleable and in the same condition in which you received them. Please see the Shipping and Returns Policy for details of our returns procedure.

Return of Faulty Goods
All goods supplied by Magellan are warranted to be generally free from defects in workmanship and materials and fit for the purposes for which such goods would normally be used. Products found to be faulty or defective may be returned as set out below. This warranty does not apply to the extent that any fault or defect is caused by the goods having been altered or damaged by you or having been used other than in accordance with the manufacturer's instructions or neglect or misuse.

If you discover a fault in the goods then you should return them within a reasonable time of discovering it. Please see our Shipping and Returns Policy for details of the returns procedure.
Nothing in this section affects your statutory rights under the Act or otherwise

19 LIABILITY

To the fullest extent permitted by law we will not be liable to you or any third party for any:
(a)use by you of the goods otherwise than in accordance with the instructions for use (which accompany and/or are embedded in the goods);
(b)loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure and/ or loss of data; and/or
(c)loss or damage which does not result directly from the actions of Magellan, its sub-contractors or agents or any other indirect or consequential loss or damage.
In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased.
Nothing in these Product Terms and Conditions excludes our liability for personal injury or death caused by our negligence nor does it exclude our liability for fraud or fraudulent misrepresentation.
While Magellan has made every effort to ensure that the software contains no errors, viruses or bugs, it makes no warranty or representation (whether express or implied) that this is the case. Magellan cannot be held responsible for the installation and download of the software onto your computer and accepts no liability whatsoever for any direct, indirect or consequential loss or damages arising from or connected to the use of the software. You are advised to ensure that you take precautions to protect your computer from virus infection

20 COPYRIGHT

You are responsible for all use made of the goods purchased via the Website. We draw your attention to the copyright and trade mark notices which may be present on the goods which you purchase from us and remind you that it is, in most circumstances, an offence to copy any part or all of a copyright work, logo or trade mark (which includes pictures, graphics and/or music) belonging to Magellan or any other party.
All rights, including copyright, in the content of any computer software programmes ("the software") made available for downloading from the Website are owned or licensed for these purposes by Magellan. In downloading and installing the software, you agree that you may only use the software for your own personal non-commercial use. Subject to Australian copyright laws. you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the software for any other purpose whatsoever without the prior written permission of Magellan

21 PRIVACY

Your personal information is important to us. Please see details in our Privacy Statement.

22 COMPLIANCE WITH LAWS

Magellan has used all reasonable endeavours to ensure that the goods it supplies do not present a hazard to health and safety when properly used in accordance with the manufacturer's instructions for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

23 FORCE MAJEURE

Where, in spite of its reasonable efforts, Magellan is unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire and legislation, we shall not be deemed to be in breach of our contract with you.

24 YOUR RIGHTS AS A CONSUMER

If you are a consumer (i.e. acting in a personal rather than a business capacity) we respect all your statutory rights, whether under the Act or otherwise. In addition, we will provide you with information relating to the goods in writing (including our contact details, a description of the goods, prices and delivery charges, arrangements for payment and delivery and your right to cancel contracts). This information is set out in the on-line order form, these Product Terms and Conditions, and the e-mail acknowledgement of your order.
We will make every effort to deliver the goods to you within 30 days' beginning with the day after our acceptance of your order via the Website.

If you have any questions please contact us by emailing us at support@magellan.com.au or by calling

1800 644 033

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