Terms of Service

In General

newsXpress Pty Ltd (www.newsxpress.com.au) owns and operates this Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices. By using the Services, you are agreeing to all of the Terms of Service, as they may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites which are not operated by newsXpress Pty Ltd. newsXpress Pty Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Quantity Limits per Product

From time to time, there may be a quantity limit associated with a product offered by newsXpress. This will be noted on the product page as a limit per customer. To us, a customer is a named person, a physical address, a similar physical address for more than one order placed in quick succession, an email address, a credit card number, a contact phone number, an IP address, or a mixture of these and/or other reasonable indicators of a person or persons working together.

Orders placed by bots, purchasing engines, or any other technology designed to circumvent purchase limits or embargos will be cancelled.

This policy regarding limits per product is designed to ensure fair access for all members. Where it is evident that an individual or group has acted in concert to circumvent this restriction, we will consider it a breach of these terms. In the event of a breach of a stated limit or embargo, we reserve the right to cancel an order and act in accordance with our refund policy, which may include the application of a cancellation fee.

Click and Collect

Our click and collect location is 3A Lynch Street, Hawthorn, VIC 3122, and is subject to change. We will hold click and collect items for three months from the date of order placement. Should an order not be collected within three months, we reserve the right, without further notice, to cancel the order, less a $15.00 fee to cover processing costs and administrative expenses.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at www.newsxpress.com.au/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb, or 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 Service; 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.

Breaching this provision constitutes a criminal offence, and newsXpress Pty Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of newsXpress Pty Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by newsXpress Pty Ltd and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise without express permission.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. newsXpress Pty Ltd cannot guarantee the item purchased is in stock once the order has been placed. Please allow 24 hours for an order confirmation, or details of stock availability if an item is unavailable. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Once an order is placed, it cannot be modified or cancelled.

In order to contract with newsXpress Pty Ltd, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. newsXpress Pty Ltd retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party with which you have contracted. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods.

(a) Our Contract — When you place an order, you will receive an acknowledgement email confirming receipt of your order; this email is an acknowledgement and does not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability — While we try to ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund.

(c) Payment — Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received shall be treated as a deposit against the value of the goods. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of the goods purchased.

(d) Title of Goods — Title or ownership of goods transfers to you upon shipment. newsXpress is not responsible for goods lost or damaged in transit, unless insurance or extra cover has been selected during the checkout process.

Payment Terms and Conditions

We utilise secure payment gateways to provide a seamless payment experience in addition to our central billing program. These systems recognise standard credit and debit cards. Payment for transactions is processed from your account upon authorisation.

Images

Product images are for illustrative purposes only and may differ from the actual product due to manufacturing variances, enhancements, or changes. We reserve the right to change product images and specifications at any time without notice.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with newsXpress Pty Ltd. Any trademarks or names featured on this Website are owned by the respective trademark owners and are used solely to describe or identify the products and services.

Indemnity

You agree to indemnify, defend, and hold harmless newsXpress Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

newsXpress Pty Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable, the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect.

Complaints

We operate a complaints-handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.newsxpress.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of newsXpress Pty Ltd.

newsXpress Pty Ltd, 3A Lynch Street, Hawthorn VIC 3122. Ph. +613 9524 8080. www.newsxpress.com.au