WEBSITE TERMS AND CONDITIONS
1. About the Website
1.1. Welcome to www.JustSignageOnline.com.eu (the ‘Website’). The Website
provides you with an opportunity to browse and purchase various products that
have been listed for sale through the Website (the ‘Products’). The Website
provides this service by way of granting you access to the content on the
Website (the ‘Purchase Services’).
1.2. The Website is operated by Mega Pixel PTY. LTD. (ABN 66 166 549 097) .
Access to and use of the Website, or any of its associated Products or
Services, is provided by Mega Pixel Pty Ltd. Please read these terms and
conditions (the ‘Terms’) carefully. By using, browsing and/or reading the
Website, this signifies that you have read, understood and agree to be bound
by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
1.3. Mega Pixel Pty Ltd reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Mega Pixel Pty Ltd updates
the Terms, it will use reasonable endeavours to provide you with notice of
updates to the Terms. Any changes to the Terms take immediate effect from
the date of their publication. Before you continue, we recommend you keep a
copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Mega Pixel Pty Ltd in the user interface. You will also accept the Terms by purchasing or
requesting the purchase of a product and or service on the website through our
automatic invoicing system or any manually generated invoices.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.2. You warrant that any information you give to Mega Pixel Pty Ltd in the course
of completing the registration process will always be accurate, correct and up
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Mega Pixel Pty Ltd;
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties,
is strictly prohibited. You agree to immediately notify Mega Pixel Pty Ltd of any
unauthorised use of your password or email address or any breach of security of
which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Mega Pixel Pty Ltd
providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Mega Pixel Pty Ltd for any illegal or unauthorised use of the
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
(i) you agree that you are responsible for all copyright materials such as
logos, images and wording and graphics and that Mega Pixel Pty Ltd has
no responsibility in relation to the use and breach of any copyright laws.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through PayPal (the ‘Payment
Gateway Provider’) In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
5.3. Following payment of the Purchase Price being confirmed by Mega Pixel Pty
Ltd, you will be issued with a receipt to confirm that the payment has been
received and Mega Pixel Pty Ltd may record your purchase details for future
5.4. Mega Pixel Pty Ltd may, at their sole discretion, provide a refund on the return
of the Products within 7 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
5.5 Refund Policy of Mega Pixel Pty Ltd
This Refund Policy (“Policy”) applies to the following purchases: purchase through
1.1. We offer refunds, repairs and replacements in accordance with
the Australian Consumer Law and on the terms set out in this Refund Policy
1.2. Any benefits set out in this Policy may apply in addition to consumer’s
rights under the Australian Consumer Law.
1.3. Before making a purchase, please read this Policy so that you can
understand your rights and what you can expect from us if you are not satisfied
with your order.
2. Australian Consumer Law
2.1. Under the Australian Consumer Law:
2.2. We offer refunds, repairs, and replacements in accordance with
the Australian Consumer Law.
2.3. The Australian Consumer Law provides a set of Consumer Guarantees
which protect consumers when they buy products and services.
2.4. If the Australian Consumer Law applies, then we cannot avoid the
(a) Our goods and services come with guarantees that cannot be
excluded under the Australian Consumer Law. For major failures
with the service, you are entitled:
(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for
its reduced value.
(b) You are also entitled to choose a refund or replacement for major
failures with goods. If a failure with the goods or a service does not
amount to a major failure, you are entitled to have the failure rectified
in a reasonable time. If this is not done you are entitled to a refund for
the goods and to cancel the contract for the service and obtain a
refund of any unused portion. You are also entitled to be
compensated for any other reasonably foreseeable loss or damage
from a failure in the goods or service.
Consumer Guarantees which it provides. If there is an inconsistency between
this Policy and the Australian Consumer Law, the Australian Consumer
Law will prevail.
2.5. Further information about the Australian Consumer Law and these
Consumer Guarantees is available from the website of the Australian
Competition and Consumer Commission.
2.6. If a product or service which you purchased from us has a major failure (as
defined in the Australian Consumer Law) then you may be entitled to a
replacement or refund. You may also be entitled to compensation for any
reasonably foreseeable loss or damage resulting from that major failure.
2.7. If a product or service which you purchased from us has a failure which
does not amount to a major failure (as defined in the Australian Consumer Law)
then you may still be entitled to have the goods repaired or replaced.
3. Cancellation and Change of Mind
3.1. We do not offer any refund if you change your mind, or find the same
product or service cheaper elsewhere.
4. Products Damaged During Delivery
4.1. In the event that the product you ordered has been damaged during
4.2. We will arrange to repair or collect the damaged product and replace it
with an equivalent product, or to refund it, provided that you have contacted us
within the following time from the date of receipt of the product: 3 days.
(a) (a) Please contact us as soon as possible.
(b) (b) Any damaged product must be returned in the condition in which
it was received, together with any packaging and other items which
you received with the damaged product.
5.1. Notwithstanding the other provisions of this Policy, we may refuse to
provide a repair, replacement or refund for a product or service purchased by
(a) You misused the said product in a way which caused the problem.
(b) You knew or were made aware of the problem(s) with the product or
service before you purchased it.
(c) You asked for a service to be done in a certain manner, or you asked
for alterations to a product, against our advice, or you were unclear
about what you wanted.
(d) Any other exceptions apply under the Australian Consumer Law.
6. Shipping Costs for Returns
6.1. In the event that a product you have purchased fails to meet one or more
Consumer Guarantees under the Australian Consumer Law, we shall bear any
cost of shipping the said product (the “Returned Product”) back to us, as well as
any cost of shipping any replacement product to you.
6.2. If the Returned Product can easily be shipped or returned, then you are
responsible for organising for the Returned Product to be returned to us. If the
Returned Product is eligible for a repair, replacement or refund under the terms
of this Policy (including under the Australian Consumer Law) then we will
reimburse you for the reasonable postage, shipping or transportation costs for
the Returned Product.
6.3. If the Returned Product is too large, too heavy, or otherwise too difficult to
be removed and returned by you, and is believed to be eligible for a repair,
replacement or refund under the terms of this Policy (including under
the Australian Consumer Law), then we will organise for the postage, shipping,
transportation or collection of the Returned Product, at our cost.
6.4. In the event that we organise and pay for the inspection, postage, shipping,
transportation or collection of a Returned Product, and it turns out not to be
eligible for a repair, replacement or refund under the terms of this Policy
(including under the Australian Consumer Law), then you will be required to
pay the costs of any inspection, postage, shipping, transportation or collection
of the Returned Product.
7. Response Time
7.1. We aim to process any requests for repairs, replacements or refunds within
3 days of receipt.
8. How to Return Products
8.1. You can contact us at the end of this Policy to discuss a return using the
8.2. Unless otherwise defined in our sole discretion, we shall pay all refunds in
the same form as the original purchase or to the same account or credit card
used to make the original purchase.
8.3. To be eligible for a refund, repair or replacement, you must provide proof of
8.4. You may be required to provide a government issued identification to
qualify for a refund, repair or replacement.
9. Contact Us
9.1. If you wish to speak to us about this Policy or about any refund, repairs or
replacements, please contact us at: email@example.com.
6.1. Mega Pixel Pty Ltd’s Products come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure of the Product and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality
and the failure does not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
defects and workmanship in the Products within 7 days from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Mega Pixel Pty Ltd showing the date of purchase
of the Products, provide a description of the Products and the price paid for the
Products by sending written notice to Mega Pixel Pty Ltd at Unit 1 2 Liverpool
Street, Ingleburn, New South Wales, 2565 or by email at
6.4. Where the Warranty Claim is accepted then Mega Pixel Pty Ltd will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
6.5. The Warranty shall be the sole and exclusive warranty granted by Mega Pixel
Pty Ltd and shall be the sole and exclusive remedy available to you in addition
to other rights and under a law in relation to the Products to which this warranty
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by Mega Pixel Pty Ltd
integrate delivery (the ‘ Delivery Services’) through the use of third party
delivery companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, Mega Pixel Pty Ltd may provide you with a
variety of delivery and insurance options offered as part of the Delivery
Services by the Delivery Service Providers. You acknowledge and agree that
Mega Pixel Pty Ltd is not the provider of these delivery and insurance options
and merely facilitates your interaction with the Delivery Service Providers in
respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, Mega Pixel Pty Ltd asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to sales@JustSignageOnline.com.au
outlining in what way the Products were damaged in transit so we are able
to determine if the Delivery Service Provider should be removed from the
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Mega
Pixel Pty Ltd are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the site content
and compilation of the website (including text, graphics, logos, button icons,
video images, audio clips and software) (the ‘Content’) are owned or
controlled for these purposes, and are reserved by Mega Pixel Pty Ltd or its
8.2. Mega Pixel Pty Ltd retains all rights, title and interest in and to the Website and
all related content. Nothing you do on or in relation to the Website will transfer
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Mega Pixel Pty Ltd; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Mega Pixel Pty Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party content for any purpose. This prohibition
does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
Mega Pixel Pty Ltd takes your privacy seriously and any information provided through
your use of the Application and/or the Purchase Services are subject to Mega Pixel Pty
1. We respect your privacy
1.1. Mega Pixel Pty Ltd respects your right to privacy and is committed
to safeguarding the privacy of our customers and website visitors.
We adhere to the Australian Privacy Principles contained in the
Privacy Act 1988 (Cth). This policy sets out how we collect and
treat your personal information.
1.2. “Personal information” is information we hold which is identifiable
as being about you.
2. Collection of personal information
2.1. Mega Pixel Pty Ltd will, from time to time, receive and store
personal information you enter onto our website, provided to us
directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone
number, address and email address to enable us to send
information, provide updates and process your product or service
order. We may collect additional information at other times,
including but not limited to, when you provide feedback, when you
provide information about your personal or business affairs,
change your content or email preference, respond to surveys
and/or promotions, provide financial or credit card information, or
communicate with our customer support.
2.3. Additionally, we may also collect any other information you
provide while interacting with us.
3. How we collect your personal information
3.1. Mega Pixel Pty Ltd collects personal information from you in a
variety of ways, including when you interact with us electronically
or in person, when you access our website and when we provide
our services to you. We may receive personal information from
third parties. If we do, we will protect it as set out in this Privacy
4. Use of your personal information
4.1. Mega Pixel Pty Ltd may use personal information collected from
you to provide you with information, updates and our services. We
may also make you aware of new and additional products,
services and opportunities available to you. We may use your
personal information to improve our products and services and
better understand your needs.
4.2. Mega Pixel Pty Ltd may contact you by a variety of measures
including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our
employees, officers, insurers, professional advisers, agents,
suppliers or subcontractors insofar as reasonably necessary for
the purposes set out in this Policy. Personal information is only
supplied to a third party when it is required for the delivery of our
5.2. We may from time to time need to disclose personal information to
comply with a legal requirement, such as a law, regulation, court
order, subpoena, warrant, in the course of a legal proceeding or in
response to a law enforcement agency request.
5.3. We may also use your personal information to protect the
copyright, trademarks, legal rights, property or safety of Mega
Pixel Pty Ltd, www.JustSignageOnline.com.au, its customers or
5.4. Information that we collect may from time to time be stored,
processed in or transferred between parties located in countries
outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer
of business assets, we reserve the right to transfer to the extent
permissible at law our user databases, together with any personal
information and non-personal information contained in those
databases. This information may be disclosed to a potential
purchaser under an agreement to maintain confidentiality. We
would seek to only disclose information in good faith and where
required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the
this Policy. Where we disclose your personal information to third
parties, we will request that the third party follow this Policy
regarding handling your personal information.
6. Security of your personal information
6.1. Mega Pixel Pty Ltd is committed to ensuring that the information
you provide to us is secure. In order to prevent unauthorised
access or disclosure, we have put in place suitable physical,
electronic and managerial procedures to safeguard and secure
information and protect it from misuse, interference, loss and
unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at
your own risk. We cannot guarantee the security of any
information that you transmit to us, or receive from us. Although
we take measures to safeguard against unauthorised disclosures
of information, we cannot assure you that personal information
that we collect will not be disclosed in a manner that is
7. Access to your personal information
7.1. You may request details of personal information that we hold
about you in accordance with the provisions of the Privacy Act
1988 (Cth). A small administrative fee may be payable for the
provision of information. If you would like a copy of the
information, which we hold about you or believe that any
information we hold on you is inaccurate, out of date, incomplete,
irrelevant or misleading, please email us at
7.2. We reserve the right to refuse to provide you with information that
we hold about you, in certain circumstances set out in the Privacy
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please
feel free to send in details of your complaints to PO BOX 59,
Glenfield, New South Wales, 2167. We take complaints very
seriously and will respond shortly after receiving written notice of
future. We may modify this Policy at any time, in our sole
discretion and all modifications will be effective immediately upon
our posting of the modifications on our website or notice board.
10.1. When you visit our website
When you come to our website (www.JustSignageOnline.com.au)
we may collect certain information such as browser type,
operating system, website visited immediately before coming to
our site, etc. This information is used in an aggregated manner to
analyse how people use our site, such that we can improve our
are very small files which a website uses to identify you when you
come back to the site and to store details about your use of the
site. Cookies are not malicious programs that access or damage
your computer. Most web browsers automatically accept cookies
but you can choose to reject cookies by changing your browser
settings. However, this may prevent you from taking full advantage
analyses website traffic and help us provide a better website
visitor experience. In addition, cookies may be used to serve
relevant ads to website visitors through third party services such
as Google Adwords. These ads may appear on this website or
other websites you visit.
10.3. Third party sitesOur site may from time to time have links to other websites not
owned or controlled by us. These links are meant for your
convenience only. Links to third party websites do not constitute
sponsorship or endorsement or approval of these websites.
Please be aware that Mega Pixel Pty Ltd is not responsible for the
privacy practises of other such websites. We encourage our users
to be aware, when they leave our website, to read the privacy
statements of each and every website that collects personal
10. General Disclaimer
10.1. You acknowledge that Mega Pixel Pty Ltd does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
10.2. Mega Pixel Pty Ltd will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Mega Pixel Pty Ltd will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Mega
Pixel Pty Ltd (including the Delivery Services), is at your own risk. Everything on
the Website, the Purchase Services, and the Products of Mega Pixel Pty Ltd,
are provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees,
agents, contributors, third party content providers or licensors of Mega Pixel
Pty Ltd (including any third party where the Delivery Services are made
available to you) make any express or implied representation or warranty about
its Content or any products or Purchase Services (including the products or
Purchase Services of Mega Pixel Pty Ltd) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer as a result of
any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Mega Pixel Pty Ltd’s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase Price, then the total liability of Mega Pixel Pty Ltd is
the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Mega Pixel Pty Ltd, its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11.3. Mega Pixel Pty Ltd is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website
or in connection with the Purchase Services, whether posted or caused by
users of the website of Mega Pixel Pty Ltd, by third parties or by any of the
Purchase Services offered by Mega Pixel Pty Ltd.
11.4. You acknowledge that Mega Pixel Pty Ltd does not provide the Delivery
Services to you and you agree that Mega Pixel Pty Ltd will not be liable to you
for any special, indirect or consequential loss or damage, loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Mega
Pixel Pty Ltd as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Mega Pixel Pty Ltd via the ‘Contact Us’
link on our homepage.
(a) notifying Mega Pixel Pty Ltd at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Mega Pixel Pty Ltd has made this option available to you.
12.3. Mega Pixel Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Mega Pixel Pty Ltd is required to do so by law;
(c) the partner with whom Mega Pixel Pty Ltd offered the Purchase Services
to you has terminated its relationship with Mega Pixel Pty Ltd or ceased to
offer the Purchase Services to you;
(d) Mega Pixel Pty Ltd is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by Mega Pixel Pty Ltd is, in
the opinion of Mega Pixel Pty Ltd, no longer commercially viable.
12.4. Subject to local applicable laws, Mega Pixel Pty Ltd reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Mega Pixel Pty Ltd’s
name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Mega Pixel Pty Ltd have benefited from, been subject to
(or which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Mega Pixel Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
(b) If for any reason whatsoever, 7 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association
www.amr.asn.au or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Mega Pixel Pty Ltd office or an agreed
location at Mega Pixel Pty Ltd discretion , Australia.
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Mega Pixel Pty Ltd is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.