Terms of Use
Terms of Use
Last revised as of 27 June 2018
- Introduction
In these terms of use ('Terms of Use') use of the terms:
(a) 'we', 'our' or 'us' refers to Mitac Australia Pty Ltd (a company incorporated in Australia) and Mitac Australia Pty Ltd (a company incorporated in New Zealand); and
(b) 'you' and 'your' refers to the user and/or viewer of any of the Websites. If the person accessing any of the Websites does so on behalf of, or for the purposes of, another person, including a business or organisation, then 'you' or 'your' also refers that other person, including any business organisation.
These terms of use apply to and govern your use of:
(a) the websites located at the URL [www.magellangps.com.au; www.magellangps.co.nz];
(b) our Facebook page (located at the URL https://www.facebook.com/MagellanANZ);
(c) our YouTube channel (located at the URL https://www.youtube.com/user/MagellanANZ); and
(d) any other online presence which incorporates these Terms of Use by reference,
(together, 'the Websites') and material contained in, or accessed through any of the Websites, including any text, graphics, images, information architecture, coding or other material on the Websites or which is part of goods and services purchased on the Websites ('Our Content').
These Terms of Use also apply to and govern your purchase of goods and services from the Websites and is subject to any applicable Product Terms and Conditions and our Shipping and Returns Policy available here, which you will be asked to accept when placing your on-line order.
These Terms of Use should be read in conjunction with our Privacy Policy which is available here.
- Agreement to be Bound
By accessing or using any of the Websites or Our Content or purchasing any goods or services by way of the Websites, you are deemed to accept these Terms of Use and agree to be bound by them, which, together with our Privacy Policy, any applicable Product Terms and Conditions and our Shipping Returns Policy govern the relationship between you and us in relation to any of the Websites and your purchase of goods and services by way of the Websites.
- Use of the Websites, goods and services and Our Content
All copyright and other intellectual property rights in any material contained on the Websites, all goods and services available for purchase by way of the Websites and Our Content, is owned by us/or our licensors.
Subject to these Terms of Use, we authorise you, for informational purposes in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights described in the Websites to:
(a) view the Websites, using your web browser;
(b) post a link of any of the Websites provided that you must not alter Our Contents, or reproduce, frame or reformat the Our Content (including any files and pages), unless you have obtained our prior express written permission;
(c) view and download Our Content;
(d) make copies of any of Our Content, provided that you must not:
(i) remove or alter any copyright or other proprietary notices contained in Our Content;
(ii) modify, reproduce, display, perform, distribute, prepare derivative works from Our Content; or
(iii) transfer Our Content to any other person; and
(e) where invited to do so, share Our Content on social media.
You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify, publish or otherwise use the Websites or Our Content, except as permitted by statute or with our prior written consent.
For the avoidance of doubt, in no event are you permitted to use the Websites or Our Content, to sell a product or service, or to increase traffic to any URL, other than the Websites, for commercial reasons, such as advertising sales.
You are responsible for the use of all goods and services you purchase via the Websites.
- Information and content you make available
To the extent that you submit, post, transmit or otherwise make any material (including any information, text, images, graphics, audio, or any other materials) ('Your Content') available on any of the Websites or by way of any goods and services purchased via the Website, you represent and warrant to us that you own all Your Content.
You grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, communicate, modify, create derivative works, communicate, publish, transmit and distribute Your Content, as we see fit, for the purposes of our business. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in Your Content. You warrant that you have the right to grant the above license, that our exercise of the licensed rights above will not infringe the intellectual property rights of any person, breach any duty of confidence, or breach any law.
You may not make any statements on, or provide or post any information to, the Websites that are defamatory, threatening, obscene, harassing, indecent, inflammatory or pornographic material.
- No Interruption
You agree not to interrupt or attempt to interrupt the operation of the Websites in any way. Without limiting the above, you must not transmit to or via the Websites any virus or other information or material or otherwise use the Websites in a way which tampers with any Website or Our Content, hinders the operation of any Website, makes unauthorised modifications to any of the Websites or Our Content or inhibits any other user from using any of the Websites.
- International Users
The Websites are intended for use by persons in Australia or New Zealand. We make no representation that the Websites or Our Content are appropriate or available for transmission to or from, or use in, locations outside of Australia and New Zealand. If you access the Websites from a location outside of Australia and New Zealand, you are responsible for compliance with all local laws.
- Changes to the Websites or Our Content
We may:
(a) terminate, change, suspend, restrict, discontinue any aspect or the Websites, any features of the Websites or Our Content;
(b) revoke or restrict your use, on any of the Websites, or features and services on any of the Websites; or
(c) terminate any rights or license given to you to use any of the Website or Our Content,
from time to time, without notice or liability. On any such termination, you must immediately destroy Our Content that you obtained from or through the Websites and that are in your possession or control.
We are not responsible for any unauthorised changes to the Websites.
- User accounts
You may access and/or use the Website as a guest or as a member. You may only make a purchase on products available on the Website as a member.
Where you elect to become a member, we may assign you a username and a password ('Password') and you may be required to provide information about yourself for the purposes of your use and access of the Websites (together, 'User Account Information').
If you do not provide accurate and complete User Account Information, we may not be able to activate your membership or supply goods or services to you.
In relation to User Account Information, you agree:
(a) not to misrepresent your identity or impersonate any other person (including by using another person's name or any other personal identifier);
(b) to provide accurate, complete and current information; and
(c) to notify us immediately in the event that any of your User Account Information is compromised, subject to unauthorised use or you become aware of any of breach of security related to the Websites.
You remain fully responsible for all activity performed using your User Account Information. Unless you notify us otherwise, and we have had a commercially reasonable time to respond, we assume that every transaction entered into, every authorization received, and every act or omission undertaken using your User Account Information are fully authorised by you. You agree to:
(a) keep your Password confidential;
(b) change your Password from time to time, or as directed by us;
(c) ensure your Password does not contain common words or names of pets, family members, celebrities, or other words that are easily guessed.
We reserve the right to terminate your account if you have breached these Terms of Use.
- Other Provisions
Certain areas and features of the Websites may contain terms and conditions specific to those areas and features, such as where you download and purchase our goods and services. Such terms and conditions are in addition to these Terms of Use and prevail over these Terms of Use only to the extent it is not possible to construe these Terms of Use consistently with such other terms and conditions.
- Warning regarding linked websites and Other Users
The Websites may contains links or reference to other websites owned by third parties ('Third Party Websites'). These links and references are provided for your convenience only, and we do not specifically endorse any organisation, association or entity referred to in, or linked to, any Third Party Websites. Views or recommendations provided in any Third Party Websites do not necessarily reflect those of us and we have no responsibility for the content contained in any Third Party Website.
We do not investigate or vet any users of the Third Party Websites or any operators of the Third Party Websites. You should not assume that any information you receive through any Third Party Website is true, accurate, reliable, suitable or verified by anyone. To the maximum extent permitted under any law we are not, and will not be, liable to you for any Loss (as that term is defined below) suffered by you from your use of any material provided by or through the Third Party Websites, or resulting from any act or omission of any other person, whether a user or owner of any Third Party Websites.
- Use of Third Party Intellectual Property and Materials
The Websites and goods and services purchased by way of the Websites may contain:
(a) trademarks or other intellectual property right owned by third parties ('Third Party IP'); and/or
(b) third party software or other products which you may be able to download, access or use which are owned by third parties ('Third Party Materials').
Nothing on any of the Websites should be construed as granting any license or right of use of any Third Party IP or Third Party Materials contained on any of the Websites or contained within any goods and services purchased by way of the Websites. You may not use in any way the Third Party IP or any Third Party Material without the prior written consent of the owner of that Third Party IP or Third Party Material.
We do not endorse or make any representations in respect of Third Party Materials or any results that may be obtained from their use. If you decide to download, access or use any Third Party Materials you do this entirely at your own risk.
- Consumer Guarantees
In these Terms of Use:
'Consumer' has the meaning given to that term in:
(a) where Australian Consumer Law is applicable, section 3 of the Australian Consumer Law; or
(b) where the New Zealand Consumer Guarantees Act 1993 is applicable, section 2 of that Act.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories) and the New Zealand Consumer Guarantees Act 1993, certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ('Consumer Guarantees').
Where you as a Consumer acquire goods and services from us under these Terms of Use by way of the Websites and:
(a) where the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ('PDH Goods or Services'), the operation of the applicable Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted or modified;
(b) in Australia, where the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at our option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; or
(c) we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms of Use or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
Please see our Shipping and Returns Policy for details of the returns procedure (available at www.magellangps.com.au/shipping-and-returns; www.magellangps.co.nz/shipping-and-returns)
- Our Liability
You acknowledge that the internet is an unsecure public network which means there are risks that information sent to or from the Websites may be intercepted, corrupted or modified by third parties. In addition, you acknowledge that goods and services purchased or files obtained from or through the Websites may contain computer viruses, disabling codes, worms or other devices or defects. You acknowledge and agree that your access to, and use of, the Website, all goods and services purchased by way of the Websites and Our Content is at your own risk.
You bear the risks and responsibility for any Loss (as that term is defined below) caused, directly or indirectly, by these risks, and we accept no liability for any interference with, or Loss to, your computer system, software or data occurring in connection with the Websites and all goods and services purchased by way of the Websites.
Except as expressly set out in these Term of Use, and to the extent permitted by law, we exclude from these Terms of Use all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee, implied term or right conferred under any legislation, the exclusion of which would contravene legislation or cause all or part of this clause to be void.
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Websites, all goods and services purchased by way of the Websites and Our Information, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise ('Losses');
(b) Loss arising from your use of the goods otherwise than in accordance with the instructions for use (which accompany and/or are embedded in the goods); and
(c) any other losses.
Except for any liability under the Consumer Guarantees, in any event our liability to you in connection with any order of goods and services will not exceed the total price charged for the goods purchased.
- Your Liability
You agree to indemnify us and our officers, directors, employees, contractors, representatives and agents (indemnified persons) from, and to hold each indemnified persons harmless against any Losses or claims, actions or demands reasonably and properly suffers or incurred by any indemnified persons, resulting from your breach of these Terms of Use.
- Force Majeure
We are not liable for any delay in performing an obligation if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, acts God, civil commotion, riots, flood, drought, fire and legislation, we shall not be deemed to be in breach of our contract with you.
- Governing Law
Where the use of the Website is in Australia, this Licence is governed by the laws of New South Wales, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Where the use of the Website is in New Zealand, this Licence is governed by the laws of New Zealand, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. The term "Navman" refers to MiTAC Australia Pty Ltd of 5/ 43-51 College St, Gladesville, NSW 2111, Australia.
- Revisions to Terms of Use
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these Terms of Use at any time. Changes in these terms of use will be effective when the revised terms of use are posted on the Websites. Your use or continued use of any of the Websites, any goods purchased by way of the Websites or Our Content after any changes will be deemed acceptance of those changes.
- Partial Invalidity
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
In addition to the preceding provisions, the following additional provisions apply to the purchase of goods and services by way of the Websites.
- Supply and Delivery of your order
Subject to our acceptance of your order, we will sell and supply the goods and/or services as shown on your order acceptance.
Products may not be available for immediate delivery. We will endeavor to deliver your order to you within ten days after the date we accept your order. Unforeseen circumstances may result in your order taking longer than expected to be delivered.
All delivery addresses must be within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO boxes.
If required, you may amend your preferred delivery address if we are notified in advance of us dispatching the relevant item. Please contact support@magellan.com.au if required. We cannot guarantee that this will be possible and will be subject to confirmation by us.
We are not responsible for failures in delivery by third party courier services or Australia Post.
- Prices
Where the purchase is made in Australia, prices for the goods and services available on our Websites are in Australian dollars and inclusive of Goods and Services Tax ('GST'). Where the purchase is made in New Zealand, prices for the goods and services available on our Websites are in New Zealand dollars and inclusive of Goods and Services Tax ('GST').
The prices do not include delivery and handling charges. Where delivery and handling charges apply these charges will be added to the price of the goods and services purchased (Please see our Shipping and Returns Policy available here, 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 and services purchased at any retailer or by any other means.
We reserve our right to change the prices quoted for goods and services on our Website. Please check the up to date pricing before you submit your order.
- Payment
All payments must be made in full prior to acceptance of any order by us.
You shall make payment for the goods and services by supplying your credit/debit card or PayPal details in the on-line order form, which will be subject to any terms and conditions of the relevant third party payment processor. All purchases made are subject to authorisation by the issuing card authority or PayPal (as applicable). We take precautions to keep the details of your order and payment secure.
Security of your payment 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's website.
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.
- Orders
You must be aged 18 or over and resident in Australia or New Zealand before you can place an order via any of the Websites. We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage we may suffer as a result of a transaction entered into by a minor.
When entering into a sale contract via the Websites, you will be taken to have communicated your offer to purchase any good(s) or service(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) we receive full payment from you for the good or service (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
You acknowledge that:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(c) we may act on and process all completed electronic instructions transmitted or issued through any of the Websites without further consent from or reference to you; and
(d) we may treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the goods and services on the Websites, or an error in your order.
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. Our acceptance of your order takes place upon us notifying you by email that the goods and services are available and will be dispatched to you at which point you are committed and the purchase is made.
Occasionally, goods and services may go out of stock or be otherwise unavailable after payment has been debited from your account. If this happens, or where your order is not accepted by us, we will notify you by email and credit your account as soon as possible.
You will have an opportunity to identify and correct any input errors you make until you press the confirm order button.
- Title and Risk in goods
Title and risk in the goods, such as loss and damage, pass to you on delivery.
- Goods Specifications
We do not sell goods and services on a trial basis. You must check the suitability and specifications of goods and services before ordering. Nothing in this section affects your statutory rights or any other rights set out in these Terms of Use.
We make every effort to supply the goods and services as advertised on the Websites but reserve the right to vary actual dimensions and specifications advertised on the Websites without prior notice, to reflect upgrades or improvements to our products from time to time.
We attempt to ensure that the colours of our goods are displayed on the Websites as accurately as possible. 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 goods delivered.
- Availability
If for any reason goods and services that you order are no longer available we will notify you promptly and either:
(a) give you the option of receiving alternative goods and services 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 and services offered you may cancel the order for those goods and services and require any money paid to us in respect of those goods and services to be refunded in full.
- Returns
Please see the Shipping and Returns Policy for details of our returns procedure (available here).
Nothing in this section affects your statutory rights under the Australian Consumer Law or otherwise.
- Prohibited Countries
Unless an appropriate license, exemption or similar authorisation has been duly obtained, you shall not export or re-export any goods and services 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).