Terms and Conditions
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Introduction
Welcome to the Cyber Deal website which is located on www.CyberDeal.com.au
This website is owned and operated by ICT Asist (PTY) LTD from Australia . Throughout the Site, the terms “we”, “us”, “platform”, “Cyber Deal” and “our” refer to ICT Asist (PTY) LTD. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us on our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.
Permitted Use
You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
Access any of the Services by any means other than through the interface that is provided by Cyber Deal;
Gain unauthorized access to Cyber Deal computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Cyber Deal’s networks, and computer systems;
Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Cyber Deal in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
General Information
The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.
You agree, understand and acknowledge that Cyber Deal is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
Sole discretion. We reserve the right to add/discontinue any product or service or change any pricing anytime at the sole discretion and without notice.
Eligibility to Purchase
The purchase of products through Cyber Deal is strictly limited to parties who can lawfully enter into and form contracts on the Internet. To make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
By making an offer to purchase products you expressly authorize us to perform credit checks and where Cyber Deal feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Cyber Deal reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Orders
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
All commercial/contractual terms are offered by and agreed to between you and the sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We will ensure that there is timely intimation to you of such cancellation via an email or SMS. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated here.
You confirm that the product(s) or service(s) ordered by you are purchased for your internal / personal consumption and not for commercial re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site. The Seller or the Site may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller or ours and may vary from individual to individual.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Payment
Our Site currently used Cash on Delivery (COD) as an acceptable payment method at the moment. We reserve the right to add or change our payment methods at sole discretion anytime.
Pricing Policy
Prices shown on the Site are in Australian Dollar or US Dollars and are exclusive of taxes.
Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.
Third Party/Sellers
Parties other than Cyber Deal and its affiliates may operate stores, provide services, or sell product lines on the Site. In addition, we provide links to the websites of multi-vendors, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
Objectionable Content
Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” objectionable content “), please notify us immediately by following by writing to us on –@CyberDeal.com.au We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
Discount Codes
We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.
Limited License and Site Access; Acceptable Use
We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Cyber Deal is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Cyber Deal. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Cyber Deal immediately of any breach of security or unauthorized use of your account. Cyber Deal cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at _____@CyberDeal.com.au
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
Monitoring Activity
Cyber Deal has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Cyber Deal has no obligation to display or post any content. Cyber Deal, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Cyber Deal shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Cyber Deal or any other party.
Disclaimer
YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES ON THE SITE AND TRANSACTING AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE SITE. WE SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF SELLERS NOR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY THE SELLERS OR MANUFACTURERS OF THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIM AND ANY ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE SHALL NOT MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN YOU AND THE SELLERS OR MANUFACTURERS OF THE PRODUCTS.
WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) IN RESPECT OF QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LEGALITY OF THE PRODUCTS LISTED OR DISPLAYED OR TRANSACTED OR THE CONTENT (INCLUDING PRODUCT OR PRICING INFORMATION AND/OR SPECIFICATIONS) ON THE SITE. WHILE WE HAVE TAKEN PRECAUTIONS TO AVOID INACCURACIES IN CONTENT, THIS SITE, ALL CONTENT, INFORMATION (INCLUDING THE PRICE OF PRODUCTS), SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE SITE. AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD THROUGH OR DISPLAYED ON THE SITE VEST WITH US NOR SHALL CYBER DEAL HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS ON THE SITE.
WE SHALL NEITHER BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANY OTHER SERVICE PROVIDER AS LISTED ON OUR SITE WHICH INCLUDES BUT IS NOT LIMITED TO PAYMENT PROVIDERS, INSTALMENT OFFERINGS, WARRANTY SERVICES AMONGST OTHERS.
Limitation of Liability
You agree that in no event shall Cyber Deal be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (I) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Cyber Deal ‘ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labour problems or any force majeure.
Force Majeure
Cyber Deal is not liable for any delays caused by circumstances beyond Cyber Deal’s control, e.g., general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures
Indemnification
You agree to indemnify and hold Cyber Deal and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
Governing Laws
These Terms and Conditions shall be governed by and construed in accordance with the law of the Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.
Losses
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
Children
We do not knowingly collect, use, disclose, or store any Personal Information from Children unless we have obtained prior verifiable parental consent. In any instance where we collect Personal Information from a Child, we will not require a Child to disclose more information than is reasonably necessary to participate in our Services. In the event that we discover that we have inadvertently collected Personal Information from a Child, we will block the Child until we obtain parental consent to the Child’s use of the Services, and, if unsuccessful, we will delete the Child’s Personal Information. If you believe that we might have collected Personal Information from your Child without consent, please contact us at info@menuw.io
A special note to Children: If you are under 13, please get a parent or legal guardian to sign you up for our Services.
A special note to Parents: Please helps us protect your Children’s privacy by instructing them never to volunteer their personal information online without your permission.
Privacy & Cookies
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Cyber Deal shall survive any termination.
Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Cyber Deal concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Cyber Deal ‘s right to act concerning subsequent or similar breaches.
Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email on info CyberDeal.com.au