Terms & Conditions
Application and Acceptance of the Terms
Your use of the Site and BargainBasement.club's services, software and products (collectively the as the "Services" hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that BargainBasement.club may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the "Terms". By accessing the
Site or using the Services, you agree to accept and be bound by the Terms.
Please do not use the Services or the Site if you do not accept all of the
Terms.
You may not use the Services and may not accept the Terms if (a) you are not of
legal age to form a binding contract with BargainBasement.club, or (b) you are
not permitted to receive any Services under the laws of Australia or other
countries/regions including the country/region in which you are resident or
from which you use the Services.
You acknowledge and agree that BargainBasement.club may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If TOMTOM.com has posted or provided a translation of the English language a version of the Terms, you agree that the translation is provided for convenience
only and that the English language version will govern your uses of the Services
or the Site.
You may be required to enter into a separate agreement, whether online or
offline, with BargainBasement.club or our affiliate for any Service ("Additional
Agreements"). If there is any conflict or inconsistency between the Terms and an
Additional Agreement, the Additional Agreement shall take precedence over the
Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized
officer of BargainBasement.club.
BargainBasement.club. does not sell products to consumers within the state of
Illinois, United States. If you are a consumer from the state of Illinois intending to make a purchase from BargainBasement.club., please be aware that bargainbasement.club. does not intend to solicit for sale, market, sell, or deliver any products into the state of Illinois. Any attempts to place an order from the state of Illinois will be automatically cancelled.
Users Generally
As a condition of your access to and use of the Site or Services, you agree
that you will comply with all applicable laws and regulations when using the
Site or Services.
You agree to use the Site or Services solely for your own private and internal
purposes. You agree that (a) you will not copy, reproduce, download, re-publish,
sell, distribute or resell any Services or any information, text, images,
graphics, video clips, sound, directories, files, databases or listings, etc
available on or through the Site (the "Site Content"), and (b) you will not
copy, reproduce, download, compile or otherwise use any Site Content for the
purposes of operating a business that competes with BargainBasement.club, or
otherwise commercially exploit the Site Content. Systematic retrieval of Site
Content from the Site to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes) without written permission from
BargainBasement.club is prohibited. Use of any content or materials on the Site
for any purpose not expressly permitted in the Terms is prohibited.
You must read BargainBasement.club Privacy Policy which governs the protection
and use of personal information about Users in the possession of
BargainBasement.club and our affiliates. You accept the terms of the Privacy
Policy and agree to the use of the personal information about you in accordance
with the Privacy Policy.
BargainBasement.club may allow Users to access content, products or services
offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise), API or otherwise to such third parties' web site. You
are cautioned to read such web site' terms and conditions and/or privacy
policies before using the Site. You acknowledge that BargainBasement.club has no
control over such third parties' web site, does not monitor such web site, and
shall not be responsible or liable to anyone for such web site, or any content,
products or services made available on such web site.
You agree not to undertake any action to undermine the integrity of the computer
systems or networks of BargainBasement.club and/or any other User nor to gain
unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity of
BargainBasement.club feedback system, such as leaving positive feedback for
yourself using secondary Member IDs or through third parties or by leaving
unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material ("User Content")
on the Site or providing any User Content to BargainBasement.club or our
representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free,
and sub-licensable (through multiple tiers) license to BargainBasement.club to
display, transmit, distribute, reproduce, publish, duplicate, adapt, modify,
translate, create derivative works, and otherwise use any or all of the User
Content in any form, media, or technology now known or not currently known in
any manner and for any purpose which may be beneficial to the operation of The site, the provision of any Services and/or the business of the User. You confirm
and warrant to BargainBasement.club that you have all the rights, power and
authority necessary to grant the above license.
BargainBasement.club. does not sell products to consumers within the state of
Illinois, United States. If you are a consumer from the state of Illinois
intending to make a purchase from BargainBasement.club., please be aware that
BargainBasement.club. does not intend to solicit for sale, market, sell, or deliver any products into the state of Illinois. Any attempts to place an order from the state of Illinois will be automatically cancelled.
Member Accounts
User must be registered on the Site to access or use some Services (a
registered User is also referred to as a "Member" below). Except with
BargainBasement.club's approval, one User may only register one member account on the Site. BargainBasement.club may cancel or terminate a User's member account if BargainBasement.club has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further,
BargainBasement.club may reject the User's application for registration for any reason.
Upon registration on the Site, BargainBasement.club shall assign an account and
issue a member ID and password (the latter shall be chosen by a registered User
during registration) to each registered User. An account may have a web-based
email account with limited storage space for the Member to send or receive
emails.
A set of Member ID and password is unique to a single account. Each Member shall
be solely responsible for maintaining the confidentiality and security of your
Member ID and password and for all activities that occur under your account. No
Member may share, assign, or permit the use of your Member account, ID or
password by another person outside of the Member's own business entity. Member
agrees to notify BargainBasement.club immediately if you become aware of any
unauthorized use of your password or your account or any other breach of
security of your account.
Member agrees that all activities that occur under your account (including
without limitation, posting any company or product information, clicking to
accept any Additional Agreements or rules, subscribing to or making any payment
for any services, sending emails using the email account or sending SMS) will be
deemed to have been authorized by the Member.
Member acknowledges that sharing of your account with other persons, or allowing
multiple users outside of your business entity to use your account
(collectively, "multiple use"), may cause irreparable harm to
BargainBasement.club or other Users of the Site. Member shall indemnify
BargainBasement.club, our affiliates, directors, employees, agents and
representatives against any loss or damages (including but not limited to loss
of profits) suffered as a result of the multiple uses of your account. Member
also agrees that in case of the multiple use of your account or Member's failure
to maintain the security of your account, BargainBasement.club shall not be
liable for any loss or damages arising from such a breach and shall have the
right to suspend or terminate Member's account without liability to Member.
Transactions Between Buyers and Sellers
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. BargainBasement.club uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, BargainBasement.club cannot and does not confirm each User's purported identity (including, without limitation,
paying Members). We encourage you to use various means, as well as common sense,
to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of conducting any
purchase and sale transactions in connection with using the Site or Services,
and that it is fully assuming the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating to products or services
that are the subject of transactions using the Site. Such risks shall include,
but are not limited to, misrepresentation of products and services, fraudulent
schemes, unsatisfactory quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default in delivery or payment,
cost miscalculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Site may violate or may be asserted to
violate Third Party Rights and the risk that User may incur costs of defence or
other costs in connection with third parties' assertion of Third Party Rights,
or in connection with any claims by any party that they are entitled to a defence
or indemnification in relation to assertions of rights, demands or claims by
Third-Party Rights claimants. Such risks also include the risks that consumers,
other purchasers, end-users of products or others claiming to have suffered
injuries or harms relating to products originally obtained by Users of the Site
as a result of purchase and sale transactions in connection with using the Site
may suffer harms and/or assert claims arising from their use of such products.
All of the foregoing risks are hereafter referred to as "Transaction Risks".
Each User agrees that BargainBasement.club shall not be liable or responsible
for any damages, claims, liabilities, costs, harms, inconveniences, business
disruptions or expenditures of any kind that may arise a result of or in
connection with any Transaction Risks. At last, all of the products displayed on
BargainBasement.club, will meet the legitimate demands of compliance.
User agrees to provide all information and materials as may be reasonably
required by BargainBasement.club in connection with your transactions conducted
on, through or as a result of the use of the Site or Services. BargainBasement.club
has the right to suspend or terminate any User's account if the User fails to
provide the required information and materials.
RIGHT OF CANCELLATIONUnless one of the exceptions listed below applies, you can
cancel your order without giving any reason within 14 days from the day on which
you receive the goods purchased or from the day of the conclusion of the
contract, in the case of services or digital content not supplied in a tangible
medium (e.g. CD or DVD). You must send your communication before the 14 days’ The cancellation period has expired and returned the item. EXCEPTIONS TO THE RIGHT OF
CANCELLATIONThe right of cancellation does not apply to · the delivery of
products that are not suitable for return due to health protection or hygienic
reasons if unsealed by you after delivery, or which are, after delivery,
inseparably mixed with other items;· the delivery of sealed audio or video
recordings or of sealed software if unsealed by you after delivery;· the supply
of goods made to your specifications or clearly personalized;· the supply of
goods which may deteriorate or expire rapidly;· the supply of digital content
(including apps, digital software, ebooks, MP3, etc) which is not supplied on a
tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order
that we could start to deliver it, and that you could not cancel it once
delivery had started;· the delivery of newspapers, journals or magazines with
the exception of subscription contracts;
BargainBasement.club. does not sell products to consumers within the state of
Illinois, United States. If you are a consumer from the state of Illinois
intending to make a purchase from BargainBasement.club., please be aware that
BargainBasement.club. does not intend to solicit for sale, market, sell, or deliver any products into the state of Illinois. Any attempts to place an order from the state of Illinois will be automatically cancelled.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY
BargainBasement.club ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS", AND BargainBasement.club HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BargainBasement.club MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION
PROVIDED ON OR THROUGH THE SITES; BargainBasement.club DOES NOT REPRESENT OR
WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY,
PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE
SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS, AND BargainBasement.club MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE
OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Site is done at
each User's sole discretion and risk and each User is solely responsible for any
damage to BargainBasement.club computer system or loss of data that may result
from the download of any such material. No advice or information, whether oral
or written, obtained by any User from BargainBasement.club or through or from
the Site shall create any warranty not expressly stated herein.
Each User hereby agrees to indemnify and save BargainBasement.club, our
affiliates, directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis) which may
arise from such User's use of the Site or Services (including but not limited to
the display of such User's information on the Site) or from your breach of any
of the terms and conditions of the Terms. Each User hereby further agrees to
indemnify and save BargainBasement.club, our affiliates, directors, officers and
employees harmless, from any and all losses, damages, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from User's
breach of any representations and warranties made by User to
BargainBasement.club, including but not limited to those set forth in Section 5
hereunder.
Each User hereby further agrees to indemnify and save BargainBasement.club, our
affiliates, directors, officers and employees harmless, from any and all losses,
damages, claims, liabilities (including legal costs on a full indemnity basis)
which may arise, directly or indirectly, as a result of any claims asserted by
Third-Party Rights claimants or other third parties relating to products offered
or displayed on the Site. Each User hereby further agrees that
BargainBasement.club is not responsible and shall have no liability to you, for
any material posted by others; including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely with
each User. BargainBasement.club reserves the right, at our own expense, to
assume the exclusive defence and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with
BargainBasement.club in asserting any available defences.
BargainBasement.club shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort,
equity or otherwise or any other damages resulting from any of the following.
the use or the inability to use the Site or Services;
any defect in goods, samples, data, information or services purchased or
obtained from a User or any other third party through the Site;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Site;
any matters relating to Services however arising, including negligence.
The limitations and exclusions of liability to you under the Terms shall apply
to the maximum extent permitted by law and shall apply whether or not
BargainBasement.club has been advised of or should have been aware of the
possibility of any such losses arising.
All content included on this site, such as text, graphics, logos, button
icons, images, and audio clips, digital downloads, data compilations, and
software is the property of BargainBasement.club or its content suppliers and
protected by international copyright laws. The use of any BargainBasement.club
trademark or service mark without our express written consent is strictly
prohibited.
Force Majeure
Under no circumstances shall BargainBasement.club be held liable for any delay
or failure or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or causes beyond
our reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labour disputes, riots, insurrections, civil disturbances,
shortages of labour or materials, fires, flood, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
General Provisions
Subject to any Additional Agreements, the Terms constitute the entire
agreement between you and BargainBasement.club with respect to and govern your
use of the Site and Services, superseding any prior written or oral agreements
in relation to the same subject matter herein.
BargainBasement.club and you are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee the relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable, such
provision shall be deleted and the remaining provisions shall remain valid and
be enforced.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such a section.
BargainBasement.club's failure to enforce any right or failure to act with
respect to any breach by you under the Terms will not constitute a waiver of
that right nor a waiver of BargainBasement.club's right to act with respect to
subsequent or similar breaches.
BargainBasement.club shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of BargainBasement.club). You
may not assign, in whole or part, the Terms to any person or entity.
Any dispute relating in any way to your visit to BargainBasement.club or to
products or services sold or distributed by BargainBasement.club or through
BargainBasement.club shall be submitted to CIETAC, United Kingdom Sub-Commission
for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number
of arbitrators shall be one; The place of arbitration shall be Australia;
The language to be used in the arbitral proceedings should be English. The arbitral award is final and binding upon both you and BargainBasement.club.
BargainBasement.club. does not sell products to consumers within the state of
Illinois, United States. If you are a consumer from the state of Illinois
intending to make a purchase from BargainBasement.club., please be aware that
BargainBasement.club. does not intend to solicit for sale, market, sell, or deliver any products into the state of Illinois. Any attempts to place an order from the state of Illinois will be automatically cancelled.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.