1. Your Acceptance:

1.1. This website (http://www.monitormart.com.au) (Website) is owned and operated by or on behalf of Nubevest Pty Ltd ABN 32 645 344 378 and its related entities (referred to as Monitor mart, we, us or our). 

1.2 By using or accessing this Website you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1.3 We host and operate the Website from servers located within Australia. These Terms and Conditions are governed by the laws of the State of Victoria, Australia. You and Monitor Mart agree to submit to the exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

1.4 We may revise or amend these Terms and Conditions at any time at our absolute discretion. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms and Conditions as so revised. You should visit this page periodically to ensure that you understand the Terms and Conditions to which you are bound.

2. Orders:

2.1 By placing an order through our Website you are making an offer and commitment to purchase products, services or both in accordance with these Terms and Conditions (Order). Your Order is subject to acceptance or rejection at our discretion.

2.2 After placing an Order you will receive an email confirming the details of your Order and receipt of payment (where applicable). You will receive further notification emails, including but not limited to:

• Requests to verify your payment.
• Notification that your Order has either been accepted or rejected.
• Notification that your Order is ready for collection or has been dispatched.
• Any Communication from us regarding your Order.

2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund, if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

2.4 Where possible, we may at our discretion permit an Order to be cancelled by you. An Order cannot be cancelled by you once it has been dispatched, or you have accepted delivery of the Order.

2.5 We do not accept Orders originating from outside Australia.

3. Registered Account

3.1 You will be required to register an account to make an Order or access certain features of the Website (Account).

3.2 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms and Conditions.

3.3 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3.4 When registering your Account, you will nominate a password of your choice (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.

3.5 You may change the Password at any time using the facility provided on the Website. You must immediately notify us of any Password which is lost, inoperable or used in an unauthorised manner.

3.6 You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others)

4. Payments

4.1 We accept online payments for Orders using VISA and MasterCard credit cards, PayPal, direct deposit and zipMoney Finance. We do not accept Cash on Delivery.

4.2 A 1% credit card surcharge on the value of the Order applies to all credit card transactions. For all PayPal transactions, a 1% surcharge on the value of the Order applies. The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.

4.3 Credit Card transactions may be subject to further payment verification processes that may result in a delay to your order. We recommend using a verified PayPal account to pay for your order to ensure the quickest dispatch times.

4.4 If we are unable to successfully process your credit card payment, or you are unable to verify payment for your Order, then we may reject your Order, or cancel it if it had been previously accepted.

4.5 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

4.6 We will provide you with a receipt at time of delivery or in store (where applicable) which specifies the total fees and charges for the products and services in your Order.

4.7 All transactions are processed in Australian Dollars ($AUD).

4.8 Nubevest Pty Ltd is responsible for all payments made via the Website. This responsibility includes refunds, chargebacks, cancellations and dispute resolution in accordance with these Terms and Conditions

5. Pricing and Availability

5.1 All Prices are in Australian Dollars and are inclusive of goods and services tax. We may modify prices and product and service offerings at our discretion for any reason at any time.

5.2 If there is an error on our website including but not limited to a product listed at an incorrect price or with incorrect specifications, we maintain the right to accept, decline, or limit any Orders placed as per clause 2.3.

5.3 Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.

6. Delivery

6.1 We utilise several third-party couriers/Australia post to deliver your Order based on your location (Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Couriers.

6.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.

6.3 Shipping costs are influenced by the weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart.

6.4 We aim to dispatch all Orders, where products are in stock, within 1-3 business days. Products that are built-to-order including our customisable computer packages may take up to 2 weeks to be assembled and dispatched. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Couriers.

• Lost Delivery:

• A parcel may be deemed as “Lost” when;
• The parcel cannot be found within a specified period ("Waiting Period") from the date of expected delivery, and;
• We have received confirmation from the carrier deeming the parcel as lost; and
• Reasonable additional time has been allowed for external impacts that may cause delays in delivery, such as inclement weather, heavy delivery network loads and any force majeure.
• The date that this occurs is the "Loss Date".
• Lost parcels may either be replaced with a product of the same or equivalent value, or the value of the product may be refunded, at the discretion of Monitor mart.
• Claims must be made within 7 days of the Loss Date.
• Monitor Mart will not provide any replacement or refund for any parcel where the receiver has requested an “Authority-to-Leave”, or the delivery has been re-directed by the receiver.
• See section "6.7 Delivery Claims" for more information
• All Claims must be lodged through the Monitor Mart Contact Uspage

6.6 Damaged Delivery:

A parcel can only be confirmed Damaged at the discretion of Monitor Mart following an inspection by Monitor Mart after the return of the goods

A parcel cannot be considered Damaged if;

• The goods cannot be physically inspected by Monitor Mart; or
• The packaging is slightly damaged as part of transit handling; or
• The packaging is damaged and the goods were sold as Used, As-New, Damaged Box, Ex-Demo, or any other description that indicates the item is not brand new.
• A parcel that is deemed as Damaged may be replaced with a product of the same or equivalent value, or the value of the product may be refunded at the discretion of Monitor Mart.
• Claims must be made within 24 hours of when goods are received from the Carrier.
• See section "6.7 Delivery Claims" for more information
• All claims must be lodged through the Monitor Mart Contact us page. You will need to provide photos, so please have them handy!
• If you selected and paid for Transit Protection, please see further below for specific information on how this may benefit your claim.

6.7 Delivery Claims

• All Claims are assessed at the sole discretion of Monitor Mart. Monitor Mart reserves the right to refuse a Claim, for any reason.
• We may request that you provide a Statutory Declaration to support your Claim.
• Any specified period is in Business Days (excluding weekends and public holidays).
• You may submit a Claim earlier however it will not be assessed until the waiting period expires.

6.8 Transit Protection

Transit Protection means that claims will be assessed sooner than a standard claim.

Turn around for System Builds will require an additional 5-7 days due to reallocation of components, installation and testing

6.8.1 Comparison: Transit Protection and Standard - Lost Delivery Claim

	WITH TRANSIT PROTECTION	NO TRANSIT PROTECTION
Waiting Period	5 business days	20 business days
Time to resolve	up to 10 business days after waiting period	25+ business days after waiting period

6.8.2 Comparison: Transit Protection and Standard - Damaged Delivery Claim

	WITH TRANSIT PROTECTION	NO TRANSIT PROTECTION
Assessment Period	Assessed immediately	up to 7 business days
Processing Time	5 business days from receipt of damaged goods by Monitor Mart	20 business days from receipt of damaged goods by Monitor Mart

7. Risk And Title

7.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.

7.2 If you elect to have your Order delivered to you using one of the Couriers, then title to the products in your Order passes to you upon delivery. All risk of loss or damage to the products in your Order passes to you when we despatch the products.

7.3 You accept all risk of loss or damage to the products in transit to or from our premises for the purposes of returning or exchanging a product.

8. Content

8.1 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trademarks, logos, service names and trade names of Monitor mart, images of people or places or other content (Content) contained in the Website are owned or licensed by Monitor Mart.

8.2 The Content on the Website is for general information purposes only. We do not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Content by another person or organisation is at the user's own risk.

8.3 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service

8.4 We may modify any information on the Website (including Content) at our discretion for any reason.

9. Prohibited Uses

Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:

9.1 Download (other than page caching) or modify the Website or any portion of the Website;

9.2 Impersonate or falsely claim to represent a person or organisation;

9.3 Frame the Website without our express written permission; or

9.4 Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.

10. Hyperlinks

Our Website may contain hyperlinks to other websites (Links). Links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any Link on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

11. Security

11.1 Whilst we take reasonable precautions to protect information transmitted via the Website such as using Secure Socket Layer technology to ensure that your details are encrypted and securely communicated to us, we cannot and do not guarantee the security or confidentiality of these communications or the security of the Website.

11.2 We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

   12. Privacy

Any personal information submitted by you to us is subject to and will be handled in accordance with our Privacy Policy. The Privacy Policy forms part of these Terms and Conditions. 

   13. Indemnity

13.1 You agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any of the following:

• any breach of these Terms and Conditions by you;
• your use of the Website; or
• your communications with us

   14. Warranties and consumer guarantees

14.1 For the purposes of this clause 14:

• Standard Productmeans any product sold on the Website, except for Build-to-order Products;
• Build-to-order Productmeans a custom built computer system that is assembled by us under our custom system assembly service; and
• Productsmeans Standard Products and Build-to-order Products.

14.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

14.3 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

14.4 If you have returned a Product to us:

• We will assess whether the Product has a fault and can be accepted as a warranty claim.
• We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe.
• Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment.
• Once your product assessment is completed, we will inform you whether your warranty claim is accepted, and whether we will repair, replace or refund your product.

14.5 Subject to clause 14.2, you acknowledge and agree that, we are not the manufacturer or producer of any Standard Product, and the only warranties offered in respect of a Standard Product are those of the manufacturer.

14.6 If you encounter an issue with a Standard Product, we recommend that you contact the manufacturer's customer assistance department directly. Even if the manufacturer's warranty has expired, the manufacturer is obliged (and best placed) to assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached.

14.7 Subject to clause 14.2, we provide a 1 year return-to-base warranty on labour for all Build-to-order Products (System Warranty), unless otherwise stated on your invoice. The System Warranty commences from the date shown on your tax invoice. Where it can be proved in accordance with clause 15.4 that there is a fault with a Standard Product component in the Build-to-order Product, this warranty covers

• the return of the Build-to-order Product to Monitor mart
• Monitor mart replacing the faulty Standard Product component with a replacement; and
• Monitor mart delivering the Build-to-order Product back to you.

14.8 If you encounter any issues with the Build-to-order Product outside the System Warranty period, you will need to identify what you believe is the faulty Standard Product component, and return that component to us in accordance with the normal returns procedure in clause 8.3, for us to assess whether that component is faulty and can be accepted as a warranty claim.

14.9 If you return any Product capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. Your data is not covered by any warranty. You are entirely responsible for any data on your device and should maintain a regular backup of the data.

14.10 Software problems including but not limited to corrupted system files or issues caused by viruses, Trojan horses, malicious and/or third party software are not covered by any warranty, implied or explicit.

14.11 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law including the ACL, We do not make or will not be deemed to have made any

• warranty or representation, express or implied, as to
• the title, condition, design, operation, acceptable quality or fitness for purpose of any Product (or any part thereof)
• the absence of any latent or other defects;

Absence of any infringement of any intellectual property rights (including copyright and patents);

• the absence of obligations based on strict liability in tort;
• other representation, guarantee or warranty whatsoever, express or implied, with respect to any Product or any part thereof or services sold on the Website.

 

15. Termination of access

We may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms and Conditions) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

16. Severability

Each provision of these Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.