Customer Terms

TERMS OF SALE

INTRODUCTION

The Company provides the “MoorupTech” online store for the purchase of refurbished technology devices and such other products that the Company may offer from time-to-time. Use of MoorupTech is subject to these Terms of Sale.

  1. INTERPRETATION
    1. The following definitions apply in this document:
    2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    3. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Hong Kong, China.
    4. Company means Moorup Technology HK Ltd.
    5. Customer means a customer of MoorupTech.
    6. Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
    7. Order means an order for one or more Products placed by a Customer via MoorupTech.
    8. MoorupTech means the MoorupTech online store where Customers can purchase products the Company makes available via the Site from time-to-time.
    9. Pricing means the pricing published on the Site by the Company from time-to-time.
    10. Privacy Policy means the Privacy Policy, as updated from time-to-time, accessible at the Site.
    11. Product means any item available for purchase via MoorupTech.
    12. Sales Tax means any tax payable on Products that may be charged by the relevant authority in the jurisdiction the Product is being shipped to.
    13. Site means the website http://mooruptech.com.au/, or such other URL operated by the Company from time-to-time.
    14. Special Conditions means any special conditions agreed to by the parties that shall apply to these Terms of Sale.
    15. Terms of Sale means the terms and conditions of using the MoorupTech, as updated from time-to-time, accessible at the Site.
    16. Tracking Information means any information provided by the Company to a Customer in order to track a shipped Order.
    17. Warranty Statement means the warranty policy of the Company as advertised on the Site and separately provided to the Customer.
  2. USING MOORUPTECH
    1. Use of MoorupTech is subject to the Customer’s ongoing acceptance and adherence to these Terms of Sale.
    2. By completing an Order, the Customer warrants that they have read and agreed to these Terms of Sale and are 18 years of age or older.
    3. The Customer may be required to verify their identity to the Company in any matter as so reasonably required by the Company. The Customer agrees to provide the Company with all necessary verifications required to provide the Customer with access to MoorupTech. Such information will be treated in accordance with the Company’s Privacy Policy.
  3. ONLINE STORE TERMS
    1. A Customer may purchase various available Products online from MoorupTech.
    2. The Customer’s ability to purchase any Products from MoorupTech is subject to availability. The Company will endeavour to ensure that Products listed on MoorupTech are in stock but reserves the right to cancel any Orders it is unable to fulfil.
    3. Product Specifications
      1. The description of Products described on the Site, including features and specifications, are subject to change by the Company without notice, however the description of any Products may not be varied for any completed Orders.
      2. The Customer acknowledges and accepts that the weight, dimension and other specifications of Products are estimates only and may not be completely accurate.
    4. Pricing
      1. Pricing for each Product shall be as described on MoorupTech as updated from time-to-time.
      2. The Company is under no obligation to maintain Pricing for any product prior to confirmation of an Order.
      3. Pricing shall be confirmed at the time that the Customer completes payment and, upon completing an Order, may not be varied unless:
        1. The parties mutually agree in writing; or
        2. The Pricing has been mistakenly represented to the Customer in accordance with 3.4.4.
      4. Purchase, Payment & Order
        1. An Order is confirmed when the Customer completes payment for the Product(s) and for shipping in accordance with the instructions on the Site and is sent a confirmation email to the Customer’s provided email address.
        2. Payment for Orders will be processed immediately upon the Customer confirming their Order on the Site and may be handled by third-party payment platforms such as PayPal and Zip Pay.
        3. The Company reserves the right to cancel an Order at any time prior to dispatch of the Product in its complete discretion, in which case a full refund will be provided to the Customer with respect to the cancelled Order.
        4. All payments shall be made via the online payment gateway on MoorupTech or in such other manner as the Company may direct from time-to-time
        5. Unless expressed otherwise, the pricing for each Product shall be deemed inclusive of Sales Tax and delivery costs. As the importer of goods, the Customer agrees that they are solely responsible for determining whether any Sales Tax applies and, if so, the payment of such Sales Tax to the relevant authority, unless agreed otherwise by the Company.
        6. The Company will provide the Customer with an invoice for each Order.
  4. SHIPPING & DELIVERY
      1. The Company shall advise the Customer of any shipping fees prior to payment of any Product if not included in the Product purchase price.
      2. The Company may not ship to all locations and will advise the Customer if a delivery address is not in a location to where the Company ships.
      3. The Customer must provide the Company with accurate shipping information. Where the Customer provides an incorrect or incomplete delivery address, the Company may charge a redelivery fee for each subsequent delivery in its discretion.
      4. The Company will advise the Customer of the day on which delivery is expected to be made. The Customer agrees that any representation regarding delivery dates or times are best estimates only, and the Company is not liable for any Deliveries not made at the represented date or time.
      5. The Customer (or their representative) may be required to present a proof of identification to the courier at the point of delivery.
      6. The Customer authorises the Company to instruct its shipping agent to leave the Products at the delivery address if the premises is unattended at the time of delivery.
      7. The Customer agrees that risk in the Products transfers to the Customer upon delivery.
      8. After taking delivery of the Order, the Customer agrees to examine the Products and notify the Company if there is any damage to the Products within 1 Business Day of delivery.
      9. Under no circumstances will the Company be liable for any cost, loss or damage caused by a delay in shipping after it has been despatched by the Company including incorrect shipping details provided by the Customer.
    1. Product Tracking
      1. The Company will ordinarily provide the Customer with tracking information for each shipped Product (Tracking Information).
      2. Where the Company provides Tracking Information, it does so as a courtesy only and takes no responsibility as to the accuracy of any Tracking Information. The Customer agrees that Tracking Information will be provided by a third-party shipping agent.
      3. The Customer acknowledges that any tracking information is sourced from a third-party shipping company and that the Company shall not be liable under any circumstance in relation to that tracking information.
    2. Returns & Satisfaction Guarantee
      1. The Company does not provide refunds or accept returns, except where required by law (including the Australian Consumer Law), or as otherwise provided for under these Terms of Sale and/or Warranty Statement.
      2. The Customer may notify the Company if:
        1. An Order is not received;
        2. The Product arrives damaged or faulty; and/or
        3. The Customer otherwise believes that they are entitled to refund or exchange under any applicable law.
      3. Where the Customer is provided with a replacement or refund, the Company will provide instructions on how to return the Product(s). The Customer may then dispatch the Product(s) for exchange or refund back to the Company in accordance with those instructions. The Customer shall be responsible for shipping costs to return the item, which if the Product is found to be defective will be compensated by the Company.
  5. GENERAL CONDITIONS
    1. Support
      1. The Company provides Customer support for MoorupTech via live chat on the Site and the email address support@mooruptech.com.au.
      2. The Company shall endeavour to respond to all support requests within 2 Business Days.
    2. Privacy
      1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the Customer and other customers.
      2. The Site may use cookies (a small electronic tracking code) to improve a Customer’s experience while browsing, while also sending browsing information back to the Company. The Customer may manage how it handles cookies in its own browser settings.
    3. Security
      1. The Company takes the security of MoorupTech and the privacy of its Customers very seriously. The Customer agrees that the Customer shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
      2. The Customer is solely responsible for ensuring that their access to and use of the MoorupTech is safe and not exposed to the risk of viruses, malicious malware or other forms of interference that may damage the Customer’s device.
    4. Intellectual Property
      1. Trade marks. The Company has moral and registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
      2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third-party rights through the use of MoorupTech.
      3. The Site. The Customer agrees and accepts that MoorupTech is the Intellectual Property of the Company and the Customer further warrants that by using MoorupTech the Customer will not:
        1. Copy MoorupTech or the services that it provides for the Customer’s own commercial purposes; and
        2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in MoorupTech or any documentation associated with it.
      4. Content. All content submitted to the Company, whether via MoorupTech or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to MoorupTech.
    5. Liability & Indemnity
      1. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use MoorupTech, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
      2. Certain rights and remedies are available to the Customer under the Australian Consumer Law or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        1. The re-supply of services or payment of the cost of re-supply of services; or
        2. The replacement of goods or payment of the cost of replacement.
      3. To the extent permitted by law, the Company’s liability to the Customer shall be limited to the amount paid by the Customer in connection with MoorupTech.
    6. Dispute Resolution
      1. If any dispute arises between the parties in connection with these Terms of Sale (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
        1. Includes or is accompanied by full and detailed particulars of the Dispute; and
        2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) from each of the parties must meet (virtually or otherwise) and seek to resolve the Dispute.
      3. Subject to clause 5.6.4, a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
      4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
      5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
    7. Electronic Communication, Amendment & Assignment
      1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
      2. The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Sale. The Company will notify the Customer of a change of details from time-to-time.
      3. The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change, and in particular email address which shall be the primary means of communication.
      4. A consent, notice or communication under these Terms of Sale is effective if it is sent as an electronic communication unless required to be physically delivered under law.
      5. Notices must be sent to the parties’ most recent known contact details.
      6. The Customer may not assign or otherwise create an interest in these Terms of Sale.
      7. The Company may assign or otherwise create an interest in its rights under these Terms of Sale by giving written notice to the Customer.
    8. General
      1. Special Conditions. The parties may agree to any Special Conditions to these Terms of Sale in writing.
      2. Prevalence. To the extent these Terms of Sale is in conflict with, or inconsistent with, the terms of any Special Conditions made under these Terms of Sale, as relevant, the terms of those Special Conditions shall prevail.
      3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Sale.
      4. Relationship. The relationship of the parties to these Terms of Sale does not form a joint venture or partnership.
      5. Waiver. No clause of these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
      6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Sale and the transaction facilitated by it.
      7. Governing Law. This Agreement is governed by the laws of Hong Kong, China. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
      8. Severability. Any clause of these Terms of Sale, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Sale.
    9. END TERMS OF SALE