Acknowledgment and acceptance of terms and conditions The
Top Leading Edge Video Web Site is owned and operated by Leading Edge Group LTD
(ACN 007 946 019) and the affiliated members of the Top Leading Edge Video
Group ("Leading Edge"). By accessing, browsing or using this Web Site, you
agree to these terms, conditions and disclaimers as amended from time to time
("Terms & Conditions") and acknowledge that you have read and understood
these Terms and Conditions. By purchasing an item from this Web Site and/or by
completing the registration process to become a member of Leading Edge ("a
Member"), you expressly agree to be bound by these Terms and Conditions.
Leading Edge may amend these Terms and Conditions from
time to time. Any amendment will be effective immediately. Your continued use
of this Web Site after any amendment becomes effective constitutes an agreement
by you to abide and be bound by these Terms and Conditions, as so amended.
SRP Information SRP prices used on this site are
manufacturers' recommended prices where known, otherwise typical industry
prices have been shown. Please note that retail prices vary from store to
store, and we take no responsibility or liability for the accuracy of SRP as
they apply to any particular store.
Information you provide to us
You agree to: provide certain current, complete, and
accurate information about yourself as prompted to do so by this Web Site; and
maintain and update this information as required to keep it current, complete
All information provided by you when you sign up to become
a Member or which you provide when placing an order is referred to in these
Terms and Conditions as "User Information". When you provide any User
Information you are representing and warranting that all of the information
provided is true and correct and are agreeing to indemnify Leading Edge for any
losses, costs expenses or damages that Leading Edge may suffer if any of this
information is not correct.
You should review the Leading Edge Privacy Statement for
further information concerning the collection and usage of User Information.
You grant to Leading Edge the right to disclose aspects of your User
Information as expressed in the Leading Edge Privacy Statement.
You must not transmit or attempt to transmit any material
of any kind to this Web Site which contains a virus, malicious computer code or
other harmful component or otherwise attempt to alter any of the content on
this Web Site.
If any User Information provided by you is incomplete or
inaccurate or you attempt to transmit any material of any kind to this Web Site
which contains a virus, malicious computer code or another harmful component or
you otherwise attempt to alter any of the content of this Web Site, or you are
otherwise in breach of these Terms and Conditions, Leading Edge retains the
right to terminate your rights to purchase products or services from this Web
Site and to prosecute you to the fullest extent of the law.
You acknowledge and consent to the disclosure by Leading
Edge to any law enforcement agency in any jurisdiction that is investigating
any breach or suspected breach of any law in any jurisdiction of your identity
or other information provided by you to this Web Site, upon being requested to
do so by that law enforcement agency.
The products and services offered for sale by Leading Edge
are only available to individuals who can make legally binding contracts. The
products and services are not available to persons under the age of 18 years
old and any other persons who are legally prohibited from entering into binding
Any party engaging in illegal activities involving the use
of this Web Site will be subject to civil and criminal prosecution. Leading
Edge cannot guarantee that it will notice or be able to prevent any illegal or
inappropriate use of this Web Site, nor can Leading Edge guarantee that it will
give notice of any illegal or inappropriate use of this Web Site.
Any order placed by you in the manner described in this
Web Site is an offer by you to purchase a particular product or service for the
price (including the delivery and other charges) specified in this Web Site at
the time you place your order. Leading Edge reserves the right to accept or
reject your offer for any reason, including, without limitation, the
unavailability of any product, an error in the price or the product description
posted on this Web Site, or an error in your order. There may be reasons why
Leading Edge cannot fulfil your order. Therefore, your contract with Leading
Edge only comes into existence when Leading Edge advises you that it has
accepted your order and receipt of your payment has been confirmed.
Prices of products and services and delivery and other
charges displayed on this Web Site are current at the time of issue, but may
change at any time and are subject to availability. The availability of
products and services may change from time to time.
Leading Edge will retain title to the products you order
until you have made payment in full for those products, but all risk in the
products will pass to you on dispatch from Leading Edge, it's member store or
You are responsible for any taxes, duties or other
liabilities imposed by any governmental agency, including without limitation,
any customs duty, goods and services taxes or any value added tax imposed on
any products or services acquired or ordered by you from this Web Site.
The delivery times given on this Web Site are indicative
only. Leading Edge will not be liable for any failure to observe these delivery
times. You understand and agree that you shall not be entitled to withdraw or
modify any commitment made for the purchase of products from this Web Site once
that commitment has been made for any reason, including without limitation, due
to any delay in delivery.
You should review the Leading Edge returns policy
contained on this Web Site for information concerning returns. You agree to be
bound by the terms of the returns policy and Leading Edge's liability is
limited as expressed in that policy and these Terms and Conditions.
Membership of this site
You will need to register as a Member in order to purchase
products from this Web Site. There are many benefits involved with becoming a
Membership is non-transferable. You may change your
information on an existing membership account only to update your membership
account. Leading Edge may terminate your Membership and the Membership program
at any time. You may terminate your Membership by sending a written notice or
an email to Leading Edge. Termination of your Membership only becomes effective
upon actual receipt by Leading Edge of your notification of termination.
Your ability to purchase products and services from this
the Web Site may be terminated at any time by Leading Edge without notice. All
restrictions, licenses granted by you and all disclaimers and limitations of
liability by Leading Edge will survive termination.
Should you object to any of these Terms and Conditions
(including any subsequent amendments), you must immediately: discontinue use of
this Web Site; and if applicable, notify Leading Edge and terminate your
Under accepted codes of conduct operating within the
banking industry, your bank cannot hold you liable for more than $50.00 of
fraudulent charges, unless your actions have contributed to the unauthorised
use of your credit card. In the event of unauthorised use of your credit card,
you must notify your credit card provider in accordance with its reporting
rules and procedures.
Once you become a Member, you will select a password. You
are entirely responsible if you do not maintain the confidentiality of your
password. Furthermore, you are entirely responsible for any and all activities,
which occur under your email address and password. You agree to immediately
notify Leading Edge of any unauthorised use of your email address or password
or any other breach of security that you become aware of.
Links to other web sites This site contains links to Web
Sites maintained by other companies and organizations. Leading Edge does not
make any representation as to the accuracy of information contained on those
Web Sites and will not accept any responsibility for the accuracy, ownership or
any other aspect of the information contained on those Web Sites.
This Web Site also contains third party advertisements
(including banner ads and referral buttons) which contain embedded hyperlinks
to Web Sites operated by third parties. All third party advertising is paid for
by the relevant third party advertisers and the placement of third party
advertisements on this Web Site does not constitute a recommendation or
endorsement by Leading Edge of the products or services advertised. The third
party advertiser is solely responsible to you for any representations or offers
made by it and for the delivery of any goods or services you agree to purchase
from any third party Web Site.
Unless otherwise indicated, copyright in the information
on this Web Site is owned by Leading Edge. All rights reserved. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
re-sold or otherwise exploited for any commercial purpose that is not expressly
permitted by Leading Edge. You may download a single copy of the information on
this Web Site and, where necessary for its use as a reference, keep a temporary
copy in your computer's cache and make a single hard copy of that information.
Except as permitted under the Copyright Act 1968 (Cth) or other applicable
laws, no part of the information contained on this Web Site may be otherwise
reproduced, adapted, performed in public or transmitted in any form by any
process (graphic, electronic or mechanical, including further copying,
recording, taping or by a storage and information retrieval system) without the
specific prior written consent of Leading Edge.
Review and comments
Leading Edge enables visitors to its sites to post reviews
of and comments on products featured on this Web Site. If you post reviews or
comments on this Web Site, you grant to Leading Edge, its related bodies
corporate, its directors, officers and employees a non-exclusive, royalty free,
perpetual, irrevocable and fully sub-licenseable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute and
display such reviews and comments throughout the world in any media. You
expressly waive in favour of Leading Edge and any other person authorised by
Leading Edge all moral and similar rights in any jurisdiction which you have or
acquire in respect of such reviews and comments. You also grant to Leading Edge
and its related bodies corporate, directors, officers, employees and
sub-licensees the right to use and publish your name, which you will be
required to submit with any review or comment, in connection with that review
or comment. You agree not to post any review or comment that contains any
unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind or which
violates or infringes upon the rights of any person. If you do, you agree to
indemnify Leading Edge for any losses, costs, expenses or damages that Leading
Edge may suffer as a result.
Leading Edge does not represent that any information
(including any file) obtained from or through this Web Site is free from
computer viruses or other faults or defects. It is your responsibility to scan
any such information for computer viruses. Leading Edge will not be liable to
you or to any other person for any loss or damage (whether direct, indirect,
consequential or economic), however caused and whether by negligence or
otherwise, which may result directly or indirectly from any such information.
To the extent that any applicable law that cannot be excluded imposes any
liability on Leading Edge, that liability shall be limited to the cost of
re-supplying that information.
Release and indemnity
You hereby waive, release, forgive, discharge and
relinquish any and all claims that you now have or may have against Leading
Edge, its related bodies corporate, directors, employee, agents and
representatives which are connected with, arise out of, relate to or are
incidental to any transaction.
You hereby agree to indemnify, defend and hold Leading
Edge, its related bodies corporate, directors, employees, agents and
representatives harmless from and against any and all claims, loss, damage,
tax, liability and/or expense that may be incurred by Leading Edge, its related
bodies corporate, directors, employees, agents and representatives arising out
of or in connection with the performance of its duties as described in these
Terms and Conditions including the legal costs, fees and expenses of defending
itself against any claim by any or all of the parties to any transaction and/or
by any other person and/or as a result of you taking any action or refraining
from taking any action or instituting or defending any action or legal
You further agree to indemnify and hold Leading Edge, its
related bodies corporate, directors, employees, agents and representatives
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of this Web Site, the
violation of these Terms and Conditions by you, or the infringement by you, or
other user of this Web Site using your user ID, of any intellectual property or
other right of any person or entity.
These Terms and Conditions shall be governed by and
construed in accordance with the laws of the state of New South Wales. You and
Leading Edge agree to submit to the exclusive jurisdiction of the courts of the
state of New South Wales. If any provision(s) of these Terms and Conditions is
held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect. Leading Edge's failure to exercise or enforce any rights or provisions
of these Terms and Conditions shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by Leading Edge in writing.
Limitation of liability
Leading Edge will in no way be liable for any direct,
indirect, incidental, special or consequential damages, resulting from your use
or your inability to use this Web Site or for the cost of procurement of
substitute products or services or resulting from any products or services
purchased or obtained or messages received or transactions entered into through
this Web Site or resulting from unauthorised access to or alteration of your
transmissions or data or of any information contained on this Web Site,
including but not limited to, damages for loss of profits, use, data or other
intangible, even if Leading Edge has been advised of the possibility of such
Where any Act of Parliament implies in these Terms and
Conditions any term, condition or warranty, and that Act avoids or prohibits
provisions in a contract excluding or modifying the application of or exercise
of, or liability under such term, condition or warranty, such term, condition
or warranty shall be deemed to be included in these Terms and Conditions,
however, the liability of Leading Edge for any breach of such term, condition
or warranty shall be limited, at the option of Leading Edge, to any one or more
of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or supply of equivalent
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services
Disclaimer The information contained on this Web
Site is provided by Leading Edge in good faith on an "as is" basis. The
information is believed to be accurate and current at the date the information
was placed on this Web Site.
None of Leading Edge, its related bodies
corporate, any of their directors, officers or employees makes any
representation or warranty as to the reliability, accuracy or completeness of
the information contained on this Web Site (including in relation to any
products or services) and none of them accept any responsibility arising in any
way (including negligence) for errors in, or omissions from, the information
contained on this Web Site. To the fullest extent permitted by applicable law,
Leading Edge disclaims all representations and warranties, express or implied,
including but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Leading Edge makes no warranty
that the Web Site or any products or services advertised on the Web Site will
meet your requirements, or that the Web Site will be uninterrupted, timely,
secure or error free.
You expressly acknowledge and agree that Leading
Edge does not control other users of this Web Site or the suppliers of goods
and services purchased from this Web Site and Leading Edge is therefore not
liable for their opinions or their behaviour, including any information or
advice provided by them or any defamatory statements made by them or any
offensive conduct on their part.
No advice or information, whether oral or
written, obtained by you from or through this Web Site creates any warranty not
expressly made in these Terms and Conditions.
Information on this Web Site relating to
products and services has been prepared in accordance with Australian law for
the supply of goods and services in Australia only. This information may not
satisfy the laws of any other country. To the extent that it does not satisfy
the laws of the country in which you reside or from which you are accessing
this Web Site, it is not directed at you and cannot be relied upon by you and
you are unable to order any goods from this Web Site. If you do, you agree to
indemnify Leading Edge for any losses, costs, expenses or damages Leading Edge
may suffer as a consequence.