PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by iCatchi Pty Ltd and its subsidiaries and affiliates (collectively, "us", "we" or "iCatchi"). By accessing or using iCatchi’s websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law.
iCatchi Pty Ltd reverse the right to modify or change the Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
Intellectual Property
All intellectual property on the Website is owned by iCatchi Pty Ltd or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks and trade names are registered trademarks of iCatchi Pty Ltd.
The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of iCatchi Pty Ltd, its collaborators, or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of iCatchi Pty Ltd.
Website Use Restrictions
You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
Fit for Purpose
The products have been designed to suit specific devices namely the Apple iPhone 3G & 3GS and the Apple iPhone 4. The products may be suitable for use with other mobile phone types, makes and models, iCatchi Pty Ltd is in no way responsible, accountable or liable for any purchase that results in a non compatible application or fit with any other devices other than the previously stated application.
Product Orders
All orders placed through the Website are subject to iCatchi Pty Ltd’s acceptance. This means that iCatchi Pty Ltd may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, iCatchi Pty Ltd will issue you a refund.
Orders are released for dispatch only upon receipt of cleared payment in full
All costs associated with dishonored cheque or credit card transactions are borne by the purchaser.
We aim to dispatch in-stock items within 1-3 days of receiving your order and on receipt of full payment unless otherwise agreed. For larger orders, custom orders and back-orders that are unable to be released upon immediate receipt of your order we will endeavour to contact you by telephone or email within 24 hours of your order.
We will use all reasonable efforts to deliver Products for accepted orders to the address specified on the delivery slip, on or before any estimated date, but we do not represent or warrant that we will do so. We do not accept liability, whether for direct, indirect or consequential loss or damage, arising due to any delay in delivery of the Products or any failure to deliver the Products ordered by you for whatever reason.
Unless otherwise agreed by us in its absolute discretion, all Products are sold on a no return for credit basis, unless subject to this clause, the Products are received in a damaged state; or the Products are supplied in the incorrect quantity; incorrect Products are supplied to YOU; or the Products are faulty.
All Prices are GST Exclusive. All transactions are in Australian Dollars.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your iCatchi account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify iCatchi Pty Ltd immediately of any unauthorized use of your iCatchi account. iCatchi Pty Ltd is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
Disclaimers
iCatchi Pty Ltd does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Icatchi pty ltd cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. iCatchi Pty Ltd disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. iCatchi Pty Ltd disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any iCatchi services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against iCatchi Pty Ltd for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
Third Party Links
Connected or Linked websites are not under the control of iCatchi Pty Ltd and iCatchi Pty Ltd is not responsible for the contents of any linked site or any link contained in a linked site. iCatchi Pty Ltd provides links to you only as a convenience and the inclusion of any link does not imply or constitute an endorsement by iCatchi Pty Ltd of any site.
Applicable Law
By visiting iCatchi Pty Ltd, you agree that the laws of Australia, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and iCatchi Pty Ltd.
Indemnification
You agree to indemnify, defend and hold harmless iCatchi Pty Ltd, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the iCatchi website.
International Use
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia in which you reside.
Other Provisions
iCatchi Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use.
iCatchi Pty Ltd may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. iCatchi Pty Ltd shall be free to use such information on an unrestricted basis.