Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions govern your access and use of our website (www.BrickNews.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is operated and owned by Brick News Pty Ltd ACN 662 600 277 (‘Brick News’, ‘we’, ‘us’ or ‘our’).

These Terms and Conditions are to be read in conjunction with any additional Terms and Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy. To the extent of any inconsistencies, the provisions of these Terms and Conditions apply.

By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

AMENDMENTS

Brick News reserves the right to make changes to the Website and Terms at any time and without notice to you. Any such changes will only apply to orders submitted after the date on which the changes have been made. It is your responsibility to regularly check the Website in case there are any changes made. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

PERSONAL INFORMATION AND PRIVACY

You warrant that any information you provide Brick News is accurate, complete and up-to-date.

If you create a Brick News account, you are responsible for maintaining the confidentiality and security of your account, including your email address and password and you further acknowledge and agree that you will not disclosure these details to any person not duly authorised by you.

Brick News will handle your personal information in accordance with our Privacy Policy.

You may only use the Website and the content on the Website for personal purposes unless Brick News provides express written consent to your proposed use. You agree that you will not use the Website to:

• commit or encourage a criminal offence;

• data mine;

• transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website;

• corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;

• send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

PRODUCT IMAGES

While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the actual product depending on your monitor, settings and computer equipment. Brick News is not responsible for any such variations in respect to the product.

SUBSCRIPTION

You agree to these Terms and Conditions by providing your personal details and providing us with the Payment Method during the Brick News subscription sign up process when registering an account to access regular updates on leaks and rumours for upcoming LEGO® products, cost effective LEGO® purchase guides, member exclusive promotions and competitions and rare minifigure book guide (Account). By creating an Account and providing us with the details of your to Brick News you acknowledge the following: -

Term

1. The subscription commences on the date that the Subscription Fee is paid (“Activation Date”) and continues for one (1) month unless terminated in accordance with these Terms and Conditions (“Initial Subscription Term”).

2. At the end of the Initial Subscription Term the Subscription will be renewed each month for a further one (1) month period (“Further Subscription Period”) and so on with further one (1) month subscription periods, until terminated in accordance with these Terms and Conditions.

3. We will automatically renew your subscription to our website monthly.

Eligibility

4. You must be at least eighteen (18) years of age;

5. You must provide us with a valid email address;

6. Provide us with the details of your valid, current and accepted method of payment as may be updated from time to time, as may be updated from time to time (Payment Method); and

7. Have an Australian residential address and provide us with your postcode.

Fees

8. The Subscription Fee is $5.00 including GST;

9. You authorise us to charge the Subscription Fee to your Payment Method in accordance with these Terms and Conditions;

10. The Subscription Fee is payable immediately upon creating an account on our Website;

11. The Subscription Fee is payable in Australian Dollars;
12. Unless otherwise stated, all prices exclude GST.

13. At the end of the Initial Subscription Period and each Further Subscription Period thereafter (if relevant), we will automatically renew your subscription and charge your Payment Method the Subscription Fee unless and until you cancel your Account. If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month, except for February, April, June, September, and November, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month.

14. You are responsible for the timely payment of the Subscription Fee, and for providing us with a valid credit card for payment of such Fees. You must immediately provide us with any changes to your credit card details during the Term.

15. The Subscription Fee may be increased by Brick News at any time prior to any subsequent Subscription Fee becoming due and payable. Brick News will notify you in writing at least fourteen (14) days prior to a subsequent Subscription Fee becoming due.

Non-transferable

The Subscription is not transferable for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your subscription.

No guaranteed access

We do not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material.

CANCALLATION POLICY

You can terminate the subscription at any time by providing Brick News at least 24 hours’ written notice prior to the expiry of the Term.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your account, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.

REFUND POLICY

Except as set out in the Australia Consumer Law or the Cancellation Policy, if you unsubscribe from the subscription service, you are not entitled to a refund of any Fees that you have paid or must pay in connection with the subscription.

Immediately upon suspension, cancellation, or termination of the Subscription you will not be eligible to enter into any promotions offered by Brick News.

CUSTOMS AND IMPORT TAXES

You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your Account or any item.

RISK AND TITLE

Risk and title in any items will pass to you upon delivery of the items.

OTHER ACTIVITIES AND THIRD PARTY WEBSITES

From time to time, Brick News may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate Terms and Conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate Terms and Conditions.

The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you click on a link to any third party websites you leave our Website entirely at your own risk.

INTELLECTUAL PROPERTY

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website is owned, controlled by, or licensed to Brick News. You must not use, copy, modify, reproduce or distribute the Website or the Content without Brick News’ prior written consent. You may view and print the Content on your personal computer for the sole purpose of viewing the Content, but not for any other use, including any commercial use. You must not use any of the marks or trademarks appearing on this Website or Brick News’ name without our prior written consent.

WARRANTIES AND LIMITATIONS

To the extent permitted by law:

• all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. Brick News does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;

• Brick News does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;

• Brick News does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;

Brick News does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and this Website and its contents are provided on an “as is” basis without any warranties of any kind. Brick News may change this Website or limit or terminate your access to this Website at any time without notice.

Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If Brick News breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if Brick News is allowed to limit its liability for that breach under the relevant law, Brick News’ liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Brick News’ option).

Brick News makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

LIMITATION OF LIABILITY

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Brick News and its affiliates will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold Brick News and its affiliated companies harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

During your use of this Website, Brick News may issue and request cookies to and from your computer or mobile device. By using this Website you authorise Brick News to issue and request such cookies.

GENERAL

Release and indemnity:

You agree to release and indemnify and hold Brick News and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

Waiver: Any failure by Brick News at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.

Force majeure: Brick News will not be liable to you for any loss, damage or expense caused by Brick News failure to supply any product or perform any obligation under these Terms as a result of any matter beyond the control of Brick News.

Severability: If any provision of these Terms becomes void or unenforceable, it will be it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.

Jurisdiction: These Terms are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.