The following information sets out the conditions of use, general disclaimer and copyright conditions of www.powerbuy.co
By accessing, viewing or using the Site, You:
(a) warrant that You are accessing the Site from within Australia; and
(b) acknowledge, accept and agree to abide by these terms and conditions of use.
POWERBUY provides the Site to facilitate the sale of IT Products to small businesses but is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If any Content is provided by POWERBUY on the Site it uses its best endeavours to ensure at the time of publishing (as indicated by the published date of each section of the Site) that the Content provided by POWERBUY was complete to the best of POWERBUY's knowledge.
1. Use of this Site
a. Your access to this Site, and to the products and services available through this Site, is subject to these terms and conditions, and, if you use any of the services identified on this Site for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as the Terms).
b. If you do not agree with all of the Terms, do not access or otherwise use this Site or any information contained on this Site. By accessing, viewing or otherwise using this Site, you agree to be subject to the Terms.
c. POWERBUY may, at its sole discretion, vary these Terms at any time and shall notify you by posting an updated version of these Terms on this Site. You are responsible for regularly reviewing these Terms and continued use by you of this Site after any such changes shall constitute your consent to such changes.
d. POWERBUY has made all reasonable efforts to ensure that all Content provided by POWERBUY on the Site is accurate and up-to-date. POWERBUY is not responsible for the accuracy of any Content provided by You. However POWERBUY cannot guarantee complete accuracy of the Content on the Site and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Site. To the extent permitted by law, POWERBUY excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Site. You acknowledge that the use of the Site is entirely at Your own risk.
e. POWERBUY recognises the global nature of the Internet and also recognises that the sale of IT Products, are subject to country-specifi
2. Purpose of this Site
a. The purpose of this Site is to foster a small business community and to provide members with a range of benefits when it comes to procuring products such as IT hardware, software and services. You don't have to be a member to access some of the Content but membership has many benefits.
b. These benefits include access to:
i. information on a wide range of Products offered by POWERBUY's third party business affiliates (Business Affiliates);
ii. discount promotions, from time to time, in respect of such IT Products (Discount Promotions); and
iii. regular Competitions
(collectively, Member Benefits)
3. Subscription process
a. As You are aware, there are certain parts of the Site which are restricted to member only access.
b. You must subscribe to become a member of this Site in order to gain access to webpages within this Site and to be able to make use of the Member Benefits.
c. You cannot register more than once.
d. To become a member, please visit www.powerbuy.co
e. The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. POWERBUY accepts no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.
POWERBUY has implemented security measures to provide You with peace of mind when You provide your personal information on the Site. We use our best endeavours to protect all information You provide us at all times, but we cannot be responsible for unauthorised access to that information.
f. When providing POWERBUY with information, whether as part of the registration process or otherwise, you must ensure that the information is accurate and complete and remains up-to-date at all times. A failure to provide POWERBUY with accurate, complete and up-to-date information may result in immediate termination of your account.
g. POWERBUY cannot, and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
i. If details of your organisation or the contacts within your organisation change it is your responsibility to update these details on the Site.
j. You may receive an incentive to join if you are referred by a POWERBUY partner or another member. The incentive may be provided in the form of a reduced subscription fee. If you are eligible for a referral incentive it is only valid for the period as defined in the referral communication and is not available with any other offer.
4. Your username and password
a. As part of the subscription process, you must nominate a unique username and password which you will use to login and gain access to webpages within this Site.
b. When nominating a username, you must not:
i. nominate a username of another entity with an intent of impersonating that entity;
ii. use as a username a name subject to the rights of any other entity without authorisation from that entity; or
iii. use a username that POWERBUY, in its sole discretion, deems inappropriate or offensive.
c. You must ensure that your username and password remain confidential at all times since you are responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether or not you authorised such use).
d. Only you can use your user name and password to access the Site. You may not share your access details with anyone else within your organisation or outside of your organisation.
e. You are fully responsible for all activities that occur under Your user name, password and account. You indemnify POWERBUY from any loss or damage You suffer if there is any unauthorised access to Your account.
f. You agree to immediately notify POWERBUY of any unauthorised use of Your password or account or any other breach of security; and ensure that You exit from Your account at the end of each session.
5. IT Products
a. Any advertisements and information in relation to IT Products which appear on this Site are provided by POWERBUY's Business Affiliates. They do not constitute a recommendation or endorsement of the IT Products by POWERBUY.
b. POWERBUY does not accept any responsibility or liability for:
i. such advertisements or information; or
ii. any IT Products.
The relevant Business Affiliate should be contacted directly for any information regarding an IT Product.
c. In particular, POWERBUY has no control, responsibility or liability for:
i. the quality, safety or legality of any IT Product;
ii. the truth or accuracy of the description of any IT Product; or
iii. the ability of the relevant Business Affiliate to sell such IT Product.
d. IT Products promoted on this Site may be purchased through an authorised supplier of a Business Affliate ("Authorised Supplier") or direct from the relevant Business Affiliate. For a list of authorised suppliers please contact the Business Affiliate. In such circumstances, the contract of purchase is between you and the supplier or Business Affiliate. POWERBUY makes no warranty with regards to any IT Products.
e. The enforcement of any contractual obligations arising out of the completion of a transaction between you and an Authorised Supplier or Business Affiliate is the responsibility of you and the Authorised Supplier / Business Affiliate who is party to that transaction. Accordingly, if a dispute arises between you and the Authorised Supplier or Business Affiliate, you indemnify and release POWERBUY from all claims, demands and damages (both direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed arising out of, or in any way connected with, such dispute.
6. Discount Promotions
a. From time to time, Discount Promotions may be offered to Members in conjunction with the Business Affiliates. Such Discount Promotions may take one of the following forms:
i. Cash Back: being a refund of a portion of the purchase price of an IT Product after the purchase has been made; and
ii. Discount Coupon: being a coupon entitling you to a discount from the purchase price of an IT Product at time of purchase.
b. Discount Promotions are only available to members who subscribe on the Site.
c. All Discount Promotions have a Claim period - the period in which a member must use the Discount Promotion (i.e. use the discount coupon to purchase the IT Product or submit the completed and correct cash-back claim). A cash-back is not considered ‘claimed' if the claim is incomplete or incorrect. POWERBUY reserves the right to extend the Claim period at their discretion.
d. All Cash Backs have a Holding period - members who want to be eligible for a claim but do not want to claim immediately can reserve a Cash Back by ‘holding it'. The holding period is the period in which the member can make claim for the Cash Back. The holding period will vary depending on the Cash Back and the expiry date of the Cash Back. If a member does not submit a claim before the holding period expires then the member will not be eligible to make a claim unless the member can successfully reserve the Cash Back again. The Cash Back will no longer be available if the Cash Back claim period has lapsed or the maximum number of available offers has been met). A holding period is equal to or less than the claim period.
e. If a Cash Back is available in respect of an IT Product, in order to claim that Cash Back you must:
i. click on the "Claim Cash Back" link which relates to that Discount Promotion;
ii. receive a confirmation message from POWERBUY that you are eligible to claim a Cash Back in respect of that Discount Promotion;
iii. purchase the IT Product from the relevant Business Affiliate or authorised supplier for use in your business environment and retain the original tax invoice and product packaging as proof of purchase for twelve (12) months from the date of purchase or the length of the warranty period offered by the Business Affiliate whichever is the longer.
iv. submit your claim for the Cash Back to POWERBUY by completing the claim form available at www.powerbuy.co
v. receive a confirmation message from POWERBUY that the claim for Cash Back has been accepted by POWERBUY.
f. If a claim for a Cash Back is accepted by POWERBUY, the Cash Back will be paid directly into your nominated bank account or by cheque if You requested cheque payments in your application to become a member in accordance with clause 3 of the Terms.
g. POWERBUY reserves the right, at any time, to verify the validity of any claim for a Cash Back. POWERBUY will be under no obligation to accept a claim by You for a Cash Back if:
i. POWERBUY suspects that an organisation other than yours made the purchase for the IT Product;
ii. you do not purchase the IT Product from the Business Affiliate or an authorised supplier;
iii. POWERBUY suspects that the IT Product is being used in an IT environment other than your own;
iv. You attempt to claim a cash-back for a greater unit quantity than you have purchased;
v. POWERBUY suspects you have re-sold the IT product to another organisation
vi. you fail to produce the original tax invoice and product packaging for the relevant IT Product when requested by POWERBUY;
vii. you fail to provide any additional information or supporting documentation which POWERBUY may reasonably request in relation to your claim; or
viii. POWERBUY determines that you have not acted in accordance with these Terms.
i. If POWERBUY rejects a claim for a Cash Back in such circumstances, it will be entitled to reject all other claims for Cash Back submitted by you and may cancel your subscription and deem you ineligible to re-subscribe at a later date.
h. If a Discount Coupon is available in respect of an IT Product, in order to claim that Discount Coupon you must:
i. click on the "Claim Coupon" link which relates to that IT Product;
ii. receive a confirmation message from POWERBUY that you are eligible to redeem the Discount Coupon and which attaches the Discount Coupon ready for printing and use; and
iii. provide the Discount Coupon to the Business Affiliate of the relevant IT Product at the point of sale (or use the Discount Coupon online by following the relevant link for that Discount Coupon. It does not need to be printed).
i. Only one Discount Promotion can be used in relation to the purchase of an IT Product.
j. All Discount Promotions must be claimed within the period of validity of the promotion. If a claim form for a Cash Back is posted to POWERBUY, you must ensure that there is sufficient time for POWERBUY to receive and process the claim prior to the relevant expiry date.
k. POWERBUY may, from time to time, impose restrictions on:
i. the total number of Cash Backs which you are entitled to claim or Discount Coupons which you are entitled to use; and
ii. the total number of IT Products which you can acquire using Cash Backs or Discount Coupons.
l. If, at any time, you become entitled to a money-back refund for an IT Product purchased from a Business Affiliate, you agree that you the maximum amount that may be refunded to you by that Business Affiliate is the lesser of:
i. the full price paid by you for the IT Product; and
ii. the full price paid by you for the IT Product less any Cash Back or discount you received by using a Discount Coupon.
m. A Cash Back or Discount Coupon is not exchangeable, transferable or available for resale and you may not claim a Cash Back or Discount Coupon on behalf of any other entity.
n. A Cash Back or Discount Coupon is not redeemable in conjunction with any other offer or discount that may exist in relation to the relevant IT Product.
o. POWERBUY makes all reasonable efforts to ensure that the terms of any Discount Promotion or Cash Back offered on the Site is accurate and up-to-date. However POWERBUY cannot guarantee complete accuracy of the terms of any Discount Promotion or Cash Back offered on the Site provided by the Business Affiliates and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information any Discount Promotion or Cash Back offered on the Site. POWERBUY will notify You of any corrections to the terms of any Discount Promotion or Cash Back offered on the Site as soon as the information becomes available from the appropriate Business Affiliate. To the extent permitted by law, POWERBUY excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Site. You acknowledge that the use of the terms of any Discount Promotion or Cash Back offered on the Site is entirely at Your own risk
7. Blog site
a. POWERBUY's blog site has been designed to provide you with a forum for sharing case studies and buying advice with other members. You acknowledge that POWERBUY's website is open to anyone who has access to the Site and not just members.
b. You acknowledge that POWERBUY may not pre-screen Content provided by You, but POWERBUY retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing POWERBUY has the right to remove any Content provided by members that violates the terms and conditions or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by members, including any reliance on the accurateness, completeness or usefulness of such Content provided by You. POWERBUY retains the right at all times to monitor, retain or disclose any material posted on the blog site as necessary to satisfy any applicable law, regulation, legal process or government request.
c. You must not post or make available anything on the blog site that:
i. is not original material in which you own the copyright;
ii. is in breach of the intellectual property rights or moral rights of any person;
iii. contains personal information of third parties such as phone numbers, mail or email addresses;
iv. is in breach of any laws, or makes reference to illegal activities, or which is prohibited by these Terms;
v. is abusive, obscene, offensive, pornographic, threatening or indecent;
vi. is defamatory of any person;
vii. is in breach of any obligations of confidence;
viii. is harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
ix. contains profanity or spiteful remarks;
x. is for the purpose of spamming, advertising, marketing or promoting any goods or services, websites, competitions, schemes or other matter;
xi. is affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data;
xii. contains false, misleading or deceptive information or misinformation or rumour;
xiii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site
xiv. contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunicati
xv. interferes with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures or policies or regulations of networks connected to the Site
xvi. intentionally or unintentionally violates any applicable local, state, national or international law
xvii. stalks or otherwise harasses another
xviii. collects or stores personal data of other users
xix. you do not have a right to post because of any law or arising out of a contractual obligation.
d. POWERBUY reserves the right to do any of the following in its sole discretion:
i. remove any material on the blog site at any time;
ii. amend, alter, edit or delete any material you submit without any right of attribution to you; and
iii. terminate your access to the blog site if POWERBUY believes that you have breached the terms of this clause 13 in any way.
e. POWERBUY is not responsible for, any does not accept any liability in respect of, any material posted on the blog site and does not check the content or accuracy of any such material.
f. The material contained on the blog site is for general discussion purposes only. You should not rely on any material contained on the blog site and POWERBUY accepts no responsibility or liability whatsoever for any loss or damage you may suffer as a result of your reliance on any material posted on the blog site.
g. You acknowledge, consent and agree that POWERBUY may access, preserve or disclose Your personal information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:
i. Comply with legal process;
ii. Enforce the terms and conditions the servers seek;
iii. Respond to any claims that any Content violates the rights of third parties;
iv. Respond to Your request for customer service; or
v. Protect the rights and property of POWERBUY and its users.
h. You understand that technical processing and transmission of the Site including Your Content may involve:
i. transmissions over various networks; and
ii. Changes to conform to technical requirements of connecting networks or devices.
i. You understand that the Site may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules setby POWERBUY. You may not attempt to override or circumvent any of the usage rules embedded in the Site. Any unauthorised reproduction, publication, further distribution or public exhibition of materials provided on the Site in whole or in part is strictly prohibited.
b. The winner of the monthly draw is drawn at random. More details on the terms of the draw are available by calling POWERBUY on 1300 955 523.
9. Your obligations
a. only access this Site and the Member Benefits from those computers which you nominate during the registration process;
b. notify POWERBUY of any known, or suspected, unauthorised use(s) of your account, or any known or suspected breach of security involving your username or password, including loss, theft, or unauthorised disclosure of your password;
c. not alter or remove any copyright, trade mark or other proprietary notice of POWERBUY or of any other company appearing on this Site;
d. not modify, edit, publish or sell any of the content on this Site including, but not limited to, making any content available on any other website;
e. not, to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site; and
f. not create any links from any other website to this Site without POWERBUY's express prior written permission.
a. POWERBUY is not selling or offering for sale any of the IT Products promoted on this Site. Nor is POWERBUY is acting as agent for any of its Business Affiliates.
b. POWERBUY does not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any information contained on or distributed through, or linked, downloaded or accessed from this Site or the results obtained from using this Site.
c. You should not use any information available on this Site to replace an evaluation by a qualified professional. Any reliance you place on any information will be at your own risk.
d. POWERBUY may link this Site to other websites which are not under the control of, or maintained by, POWERBUY. POWERBUY is providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, POWERBUY shall not be responsible for the content of such websites. POWERBUY does not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.
e. POWERBUY reserves the right, at its sole discretion, to make any correction, improvements or withdrawals to this Site or the Member Benefits, without notice to you.
11. Limitation of liability
a. Subject to any condition, warranty or right implied by the Trade Practices Act 1974 (Cth), or any other law which cannot by law be excluded by agreement:
i. POWERBUY gives no warranties, and you have no other rights, apart from those, if any, expressly set out in these terms and conditions; and
ii. all implied conditions, warranties and rights are excluded.
b. Where any condition, warranty or right is implied by law and cannot be excluded, POWERBUY limits all liability for breach of, or other act contrary to, that implied condition, warranty or right, to the fullest extent permitted by law.
c. Save as aforesaid, POWERBUY does not accept any responsibility or liability for any direct, indirect or consequential loss, damage or inconvenience suffered or incurred by any person arising out of or in connection with this agreement, the Site, the Member Benefits, any use of this Site, the reliance on any material on this Site or for the acts, omissions or conduct of any Business Affiliates.
d. In addition, POWERBUY does not represent or warrant that your use of, or access to, this Site and the Member Benefits will be uninterrupted or error-free or that the provision of the material on this Site will be free of computer viruses or bugs. Use of this Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, or access to, data, information or other material on or through the Site.
a. You must indemnify POWERBUY if POWERBUY suffers any loss or damage or incurs any costs in connection with your breach of the Terms or any other legal obligation by you or your use of or conduct on this Site.
13. Intellectual property
a. The material on this Site, including all text, graphics, photographs, images, moving images, sounds and illustration, is protected by copyright and trademark laws. You agree to abide by these laws. Your use of the material POWERBUY provides, or access through this Site, does not grant you any ownership rights in such material.
b. You are not licensed to use any of POWERBUY's trademarks displayed on this Site without POWERBUY's express written consent.
c. All rights in the Site are reserved by POWERBUY. In particular, no alterations, additions or adaptations of this Site publication permitted by anyone outside POWERBUY without written consent from the Editor.
d. POWERBUY makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, POWERBUY apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Site, please contact POWERBUY in writing and the Site will be amended.
e. This Website may display photographs and images that are posed by models and in no way does POWERBUY or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Site.
14. Privacy and security
a. POWERBUY recognises the importance of your privacy. Please review our privacy and security policy at http://www.powe
a. POWERBUY may terminate your account and your access to all or any part of this Site, any Member Benefits and any related services, immediately without notice or refund of any fees paid, if you commit a breach of any of these Terms or if you undertake any fraudulent, abusive, or otherwise illegal activity.
a. These Terms will be governed by the laws of New South Wales. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of New South Wales.
b. If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
c. These Terms comprise the entire agreement between you and POWERBUY.
d. Other websites are welcome to link pages in the Site, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Site as the property of the linking website.
e. We do not grant permission for anyone to copy the Content of the Site to their own web pages without the prior written consent of POWERBUY.
f. If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST.
g. You must pay to us an amount in respect of any GST that You are required to pay under this Agreement:
i. at the same time; and
ii. in the same manner,
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
h. We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
i. If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount
"Administrator" means any representative of POWERBUY who can create new accounts for members including You to have access to the Site;
"AUD" mean the currency of the Commonwealth of Australia;
"Billing Details"means the section of the Site Ad Booking Form where You provide us with information so that we can issue a Tax Invoice to You for the Ad;
"Business Affiliate" means a manufacturer or local representative or local subsidiary of products and or services.
"Content" means any information, datatext, software, music, sound, photographs, graphics, video messages, prices, or other material;
"Discount Promotions" means mechanism by which a product or service is offered at a lower price either by way of discount, a point of sale a transaction (discount coupon) or rebate after the sale is made (cash back).
"Editor" means any representative of POWERBUY who can update and maintain the Site.
"Finnigan Investments" means the company Finnigan Investments (Australia) Pty Limited (A
"GST" means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;
"Input Tax" means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
"Intellectual Property Rights" means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;
"IT Products" means IT hardware, software and services displayed for sale on the Site.
"Member" means anyone who joins the Site by completing an online membership application form.
"Member Benefits" means the benefits made available as part of the POWERBUY service to subscribed members set out in clause 2 (b) of the terms.
"Primary Payment" means any payment by You to POWERBUY of any fees or other amounts payable by You to POWERBUY under these terms and conditions.
"Tax Invoice" means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment;
"We", "Us" means POWERBUY and Finnigan Investments.
"You" means any user of the Site including Members.
© Copyright FINNIGAN INVESTMENTS (AUSTRALIA) PTY LTD ABN 70 155 747 765, 2013. All rights reserved.