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General Terms and Conditions
Article 1: Overview
The present general terms and conditions of sale apply to the distance-selling operation of Mindscape Asia Pacific Pty Ltd (us) and cover all sales to its customers (you) through the Mindscape.net.au, Mindscape.com.au, turbocad.com.au, kidscape.com.au, Broderbund.com.au, Quicky.com.au and Familytreemaker.com.au websites as well as orders taken over the telephone, by fax or posted to our Direct Sales Team. We reserve the right to amend the present general terms and conditions of sale at any time, with the proviso that details of all amendments are published on our website.
In order to place an order and to enter into a legally binding contract with us, you must be over 18 years old.
We reserve the right to refuse to accept your order if we find that you are in breach of these Terms and Conditions.
Article 2: Prices
Physical product prices are given in Australian dollars and are inclusive of all taxes but exclusive of postage and packaging costs.
For all consignments to be shipped outside of Australia, invoices are automatically calculated exclusive of taxes. Any customs duties, other local taxes, import duties or state taxes that may apply are your sole responsibility and are not payable by Mindscape Asia Pacific Pty Ltd.
All orders are payable in Australian dollars.
Special Offers: special offers on our products are available for a limited period only. Where more than one promotion is offered on the same product at the same time, Mindscape Asia Pacific Pty Ltd reserves the right to offer the customer the best deal available. Only one promotion can be claimed at any one time.
Mindscape Asia Pacific Pty Ltd reserves the right to change its prices at any time, although products will be invoiced at the price in effect when the order was placed, subject to availability. Information relating to prices and product availability is liable to change and is given by way of indication only.
Article 3: Orders
We will accept your order subject to the present general terms and conditions of sale.
You can place an order in one of the following ways:
- Internet: through the websites outlined in Article 1 above.
- Telephone: Sales Team on +61 2 9964 0475, Monday to Friday, 9.30am to 5.00pm EST.
- Fax: print the completed order form from our website, fill in your credit card details and fax it to our Sales Team on +61 2 9922 6271.
- Post: print the completed order form from our website, fill in your credit card details or attach a cheque or money order written out to 'Mindscape Asia Pacific Pty Ltd' and post to:
Mindscape Asia Pacific Pty Ltd
PO Box 1809
North Sydney NSW 2059
Your order will be dispatched on receipt of payment. In the case of payments received by cheque we will allow seven working days for the cheque to clear.
Contract details are given in English and are those in force at the time of delivery. Mindscape Asia Pacific Pty Ltd reserves the right to cancel any order.
Article 4: Confirmation
Clicking the 'Confirm' button at the end of the ordering process acknowledges that you agree to the order as well as to the present general terms and conditions, in their entirety and without exception.
Data recorded by Mindscape Asia Pacific Pty Ltd constitutes proof of all transactions between Mindscape Asia Pacific Pty Ltd and its customers.
Data recorded by the payment system constitutes proof of financial transactions.
Article 5: Availability
Physical product and prices are valid as advertised on Mindscape.net.au, Mindscape.com.au, turbocad.com.au, kidscape.com.au, Broderbund.com.au, Quicky.com.au and Familytreemaker.com.au. Physical products are subject to stock availability. Information on product availability is provided when you place an order online. These details are given for information purposes only and are not binding.
Should a product be unavailable after you have placed your order, we will let you know as soon as possible by phone, email or by post. In this instance you can ask for your order to be cancelled or exchanged by telephoning +61 2 9964 0475 or writing to the Sales Team at:
Sales Team
Mindscape Asia Pacific Pty Ltd
PO Box 1809
North Sydney NSW 2059
There is no partial despatch of goods for cheque payments. Your cheque will be cancelled and returned to you.
If only part of the order is available, our Sales Team will contact you to check whether partial delivery is acceptable. Only goods that are delivered will be charged for.
Article 6: Delivery (Postage and Packing)
The delivery fee includes preparation, packaging and postage and is charged as follows:
For Australian orders - a A$12.00 fee applies . Allow 3-10 working days for delivery.
orders valued over A$30 SRP - a A$35.00 fee applies for Secure Courier Delivery. Allow 2-5 working days for delivery.
Additional fees apply for other countries.
It is strongly recommended to combine several items in one order rather than order items individually. We are unable to combine orders placed separately and you will thus be liable to pay separate delivery costs for each order.
For all orders, we need to have your telephone number and any information that will assist delivery.
Article 7: Payment
For physical products you have a choice of payment methods. You can either:
- pay by credit card: Visa, Mastercard, American Express and Diners.
- pay by cheque or money order: include your order number with your signed cheque. Cheques must be issued by a recognised Australian bank and money orders must be an Australia Post money order
For download products you can only pay by credit card: Visa, Mastercard, American Express and Diners.
On your bank statement, payment will be debited to Mindscape Asia Pacific Pty Ltd, Element 5 or Trymedia. All transactions are completed in a secure environment that is compatible with SSL standards.
Payment by Cheque or Money Order:
To pay by cheque or money order, print the order summary screen and post it with your payment.
If you do not have a printer, simply write your name, order number and address on a piece of paper and enclose it with your signed cheque or money order. Cheques should be made payable to 'Mindscape Asia Pacific Pty Ltd' and include your order number on the reverse. Please send cheques to:
Sales Team
Mindscape Asia Pacific Pty Ltd
PO Box 1809
North Sydney NSW 2059
Your order will be confirmed and prepared for despatch once your cheque has cleared.
Payment by telephone:
If you are unable to complete your order online, please call our Sales Team on +61 2 9964 0475
Telephone lines are open from 9.30am to 5.00pm Monday to Friday (Australian EST).
Article 8: Condition of Ownership
All goods remain the property of Mindscape Asia Pacific Pty Ltd until receipt of payment in full. This provision does not affect transfer to the customer of all risks of loss or damage from the moment the goods leave our premises.
Article 9: Security
To help minimise the risk of interception and subsequent fraudulent use of your card details, Mindscape operates a secure payment system that is compatible with SSL standards. SSL is currently the most reliable and the most widely used encryption protocol on the Internet.
Your details are immediately encrypted (to the maximum legally authorised standard, i.e. 128 bits) and are routed to our secure payment gateway, Multibase E-Pay Camtech (Camtech is Australia's leading online payment service), without passing through our website. Mindscape at no time has access to credit card details. Card authorisation is directly administered by the bank. Mindscape does not store any credit card details. On your bank or credit card statement, payment is shown as being debited to Mindscape Asia Pacific Pty Ltd (Physical product) or Element 5 GmbH (Downloads) or Trymedia (Downloads). Element 5 is a Digital Rivers company and is one of the worlds largest online software download providers. Trymedia is a leading provider of content protection and software value management technologies for the video, music, games & software industries.
Article 10: Guarantee / Warranty
30-Day Money-Back Guarantee (Physical products only)
Physical Goods supplied by Mindscape's websites as listed in Article 1 are new and guaranteed against defects. If the product does not meet your expections, you have 30 days from the date of receipt to return the product for exchange or refund of goods excluding postage and packing. The customer is liable for the delivery cost to send the product back to Mindscape. Please call Mindscape on +61 2 9964 0475 for returns information. Does not apply to electronic downloads.
Warranty
For a period of 90 days following date of purchase, Mindscape guarantees that the medium on which the software is distributed is free from manufacturing defects. In the case of defective software, Mindscape will freely reimburse the purchase price, or will repair or replace the software, only if it is returned to Mindscape within the 90-day period (a receipt must be enclosed as proof of purchase). Refund excludes any postage and packing costs including the delivery cost to send the product back to Mindscape. These are the only options available for any failure of the guarantee. Mindscape takes no responsibility for any other guarantee, either implicit or explicit, in relation to the software and the documentation accompanying it, especially, but not exclusively, any implicit guarantee relating to marketing the software and using it for particular purposes.
Goods should be returned (delivery cost to be payed by customer) in their original packaging and in reasonable condition to the Sales Team at the following address. You will also need to call Mindscape on +61 2 9964 0475 between 9.30am and 5.00pm (Mon-Frid excluding public holidays - Australian EST).
Sales Team
Mindscape Asia Pacific Pty Ltd
Level 10, 275 Alfred St
North Sydney NSW 2060
Mindscape will provide reimbursement within a period less than or equal to four weeks following receipt of the returned package. All replacements will be made on a like for like basis.
Article 11: Intellectual Property
All text, notes, illustrations and images reproduced on mindscape.net.au are the copyright of the author and are protected by intellectual property law worldwide. In accordance with the provisions of Intellectual Property legislation, private use only is permitted and any other use without the prior authorisation of Mindscape Asia Pacific Pty Ltd is an infringement of the author's copyright and a violation of intellectual property rights.
Article 12: Responsibility
All products offered for sale are subject to the requirements of Australian law. Mindscape Asia Pacific Pty Ltd cannot be held responsible for any failure to meet the requirements of the legislation of any other country where products are delivered. Mindscape Asia Pacific Pty Ltd cannot be held responsible in the event of force majeure, political upheaval, total or partial strike action affecting in particular postal services, transportation and/or communications services, flood and fire.
Article 13: Applicable law
This Agreement shall be construed and performed in accordance with and shall be governed by Australian law and you should submit to the jurisdiction of the Australian Courts.
Article 14: Privacy Policy
Mindscape are committed to protecting you and your family’s privacy when you visit our website or use electronic services, such as product registration, technical support and product downloads. Mindscape understands your desire to protect personal information and only emails to customers who have agreed to receive our mailings. If, at any time, you want to stop receiving any emails from Mindscape, click here to unsubscribe.
Mindscape's privacy policy is based on upon the National Privacy Principles (Extracted from the Privacy Amendment (Private Sector) Act 2000. .
Article 15: Electronic Downloads (Element 5 GmbH and Trymedia)
What about Children / Minors?
If you are under 18 years of age, you should ask your parent or guardian before giving any information on the Internet (like your name, email address, home address, phone number). Our registration process requires our users to give us information, but we will not knowingly ask for, or accept, personal information from persons under the age of 13. If you are younger than 13, only your parent or guardian should access the registration area of our websites. If you are a parent or guardian and you believe your child has given us personal information, please email us at supportau@mindscape.com.au and enter your detailed request to review such information and to have it deleted from our records.
What information do we collect?
Registration or input of personal information may be requested for participation in activities such as product registrations, joining the Mindscape Newsletter, sweepstakes, contests, marketing activities, surveys, email newsletters, e-commerce or sending questions/comments to us. We will not require anyone to disclose more personal information than we deem reasonably necessary to participate in the activity, fulfill your request or achieve our legitimate business objectives. However, if personal information is requested for participation in an activity, you cannot participate without disclosing such personal information.
How we use the information we collect?
We use the information in the following ways:
1. To provide you with information about new products, product upgrades, services, newsletters.
2. To provide you with special offers that may be of interest to you.
3. To provide you with access to exclusive information.
4. Fulfilling competition prizes.
5. Other Mindscape marketing purposes.
With whom do we share information?
We DO NOT share your information with any 3rd parties and it is not displayed on our websites (excluding competition winners).
How secure it shopping at Mindscape?
We utilise Secure Socket Layer (SSL) technology to encrypt the data you provide to us while placing an order online. This encryption is the standard for a safe and trusted online shopping system.
Cookies:
Mindscape uses cookies to help personalise the service you receive from us. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. A cookie tells the server that you returned to a specific page and then remembers information you have already supplied. This might be information such as delivery addresses or invoice addresses. This saves you time as you don't need to complete the information again.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to take advantage of the full Mindscape website facility
Mindscape uses Element 5 and Trymedia to Resell and faciliate electronic download orders from the Mindscape website. Customers purchasing downloads are subject to the Element 5 and Trymedia terms & conditions of sale.
To find answers to questions or to contact Element 5, please visit the online Customer Care Centre. Element 5 is a Digital Rivers company and is one of the worlds largest online software download providers.
To find answers to questions or to contact Trymedia, please visit the online Customer Support Centre. Trymedia is a leading provider of content protection and software value management technologies for the video, music, games & software industries.
Article 16: Company Headquarters
Mindscape France
122 avenue du Général Leclerc
92514 Boulogne Cedex
Paris, France
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