Terms and Conditions/User Agreement

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

General Disclaimer

1. This Website is owned and operated by Zax Amusements Pty Ltd. By using this website you acknowledge to have read, understood and be bound by the Terms and Conditions (“User Agreement”) outlined below. 
2. This Website and its contents are provided to you on an "as is" basis. Information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; 
3. Zax Amusements makes no guarantees about the availability or accessibility of this Website. 
4. Any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have. 
5. Except to the extent otherwise provided by law (including any rights that you may have under the Australian Consumer Law), Zax Amusements is not liable for any loss suffered by you as a result of any of the above.

Definition

1. "Zax Amusements Pty Ltd" hereby refers to Zax Amusements  Pty Limited
2. "Services" hereby refers to the services offered by Zax Amusements Pty Ltd
3. "Website" or "this Website" hereby refers to zax.com.au 
4. "Terms and Conditions" hereby refers to the provisions outlined in this document
5. "User" hereby refers to a person who makes use of this Website in any way 
6. "Member" hereby refers to a person who has registered their details with this Website
7. "Customer" hereby refers to a person who orders Product(s) via this Website 
8. "Product(s)" hereby refers to any products listed as shopping items on this Website  
9. "Seller" hereby refers to Zax Amusements Pty Ltd

Introduction

We may amend this Agreement at any time by posting the amended terms on our Site. The amended terms will automatically be effective 30 days after they are initially posted on our Site. You will be bound by the amended terms from that time. This Agreement may not be otherwise amended.

Privacy

Please review our Privacy Policy which sets out our policy on the use and protection of the personal information provided by you to Zax Amusements Pty Ltd.

Eligibility of Membership

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to, and may not be used by, persons under 18 years of age. If you do not qualify, please do not use our services.

Terms and Conditions of Sales

By placing an order via this Website, the Customer makes an offer to purchase the Product(s). By placing an order, the Customer enters into a binding contract between themselves and Zax Amusements Pty Ltd. By placing an order on this Website, the stock ordered by the Customer will be automatically reserved for them. This stock will be reserved for the Customer for three (3) days. It is the Customers responsibility to make payment for the item during this time. If payment for the order has not been received after this time, the stock will be released and will no longer be exclusively reserved for the Customer. When making an inquiry about a Product(s), the stock will not be reserved for you. Making an inquiry allows the Zax Amusements sales team to contact the Customer to provide further details about the Product(s).

Delivery Address

During the checkout process, it is the Customers responsibility to ensure that the correct Billing Address and correct Shipping Address are entered. Product(s) will be delivered to the delivery address provided by the Customer, Zax Amusement is not, and shall not be held responsible for any Product(s) not received by the Customer due to incorrect Shipping Address

Freight Options

It is the Customers responsibility to select the appropriate freight option for their Order during the Checkout process. Zax Amusements shall not be held responsible for any problems arising from the selection of an inappropriate freight option for the Customer's particular situation.

Please be careful to review all details, as Zax Amusements ships goods from a number of different warehouses around the world.

Risk & Title

Risk and title in Goods/Products passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

Payment

A variety of payment options are available to customers when placing an order. It is important to note these options and the differences between them. When paying by PayPal a percentage transaction fee will be charged by PayPal. If paying by BPay and Credit Card, processing surcharge fees may be charged. Such fees are generally charged to Zax Amusements by the customer's bank or institution used, and we in turn relay this cost back to the Customer. It is the Customer’s responsibility to be familiar with the fee structure of their particular banking or financial institution. You have a choice to have a processing fee free transaction via EFT. EFT transactions are generally free of such fees for consumers. Please check with your banking or financial institution to confirm their policy. Please note that products will not be released until EFT funds are received into our account.

As our credit card processing is handled directly through our bank, we can only accept payment in Australian Dollars (AUD). Payment can be made from any currency; however, this will be converted into AUD during the payment process.

If paying with a credit card that is not from an Australian source, we cannot guarantee that the price shown to the customer at checkout will be the exact amount charged to the Customer. This is due to the currency conversion differences between our Website our bank, where sometimes the exchange rates may slightly differ. This difference should be very minimal, however, if there are large discrepancies, please contact our accounts department.

Delivery

All Product(s) will not be shipped until payment from the Customer for the Product(s) has cleared unless you have a line of credit business account with Zax Amusements. Zax Amusements will under no circumstance ship any Product(s) before payment has cleared. Any dates quoted by Zax Amusements for the delivery of Product(s) are estimates only and shall not form part of the contract. Zax Amusements aims to deliver promptly, however, delays are occasionally inevitable due to unforeseen factors. Zax Amusements shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.

Machine Delivery

Prior to shipment or delivery of machines, Zax Amusements strongly recommends a customer ensures the machine(s) they are purchasing are fit for purpose and will be able to be suitably located in their facility/home. Zax Amusements recommends providing a video from the customer showing path of travel from vehicle drop off point, to final location of machine(s). Providing additional data eg: doorway dimensions, low hanging fixtures, etc, can also be a good safeguard. This is to ensure that the Machine that is be purchased is suitable for the location. It is the express responsibility of the customer to ensure the machine(s) being purchased is fit for purpose and will be accommodated in their location and final destination.

If the purchaser does not provide a video, yet is confident of clear and safe access of the machine or organises own delivery without consultation or insists on Zax Delivery, the purchaser will be liable if access is not possible or is deemed unsafe for staff as per workplace health and safety requirements. If Zax Amusements is facilitating delivery, Zax Amusement’s will have the machine delivered back to Zax Amusements warehouse, and delivery and handling charge will be applicable by purchaser prior to release of machine. It is then the responsibility of purchaser to arrange freight direct, or provide an alternative address for delivery; charges will apply.

Zax Amusements supplies all machine dimensions on our website to review. Whilst we will endeavour to assist, it is the responsibility of purchaser to ensure machines will fit in location and that access is possible based on dimensions. Zax Amusements takes no responsibility for machines that are unable to fit in final destination.

Taxes and Other Charges for export shipments

Zax Amusements will not be responsible for any tariffs, customs restrictions, customs clearance, and other applicable taxes. Please note that often there are costs associated with documents (Original Bill of Lading, Certificate of Origin, etc...) and all costs will also be paid by the Customer.

It is the responsibility of the Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).

Packing, Handling or Commissioning Fee

Please note that products found on this website have different packing arrangements from "wooden crating" to no packing. Additionally, machines that are advertised on this website are shipped “As-Is" ie: no commissioning or assembly. If you are unsure of these costs, please contact Zax Amusements before making any purchases.

Handling Costs: For orders less than $30 AUD, there will be a $15 AUD packing and handling fee added to your order. The Packing and Handling Fee is to cover labour costs. Please note that the Packing and Handling fee is in addition to the freight charged for the Product(s).

Warranty Terms

Warranty terms vary for the different styles of Product(s) available. For example, different warranty terms will apply to "New", "Used", "Pinball" etc.

All warranty claims are "back to base" which means that if you purchase a product from Zax Amusements and it fails during the warranty period you need to return the goods or faulty item back to Zax (at your cost) - Zax will then repair/replace with new and return back to you (at our cost).

Please review our warranty policy found on this website that provides warranty information regarding our products.

For information regarding Consumer Guarantees, Your Rights and the Australian Consumer Law visit the Australian Competition & Consumer Commission (ACCC) website: http://www.accc.gov.au/consumers/consumer-rights-guarantees

Returns / Exchange Policy

Unlike a normal retail company, in some cases we are NOT able to accept returns on products. These products would constitute a special purchase eg: A product that is a special order by Zax Amusements per the customer’s request. The Customer needs to be aware that full responsibility for the purchase is with them. If you are not sure if the machine is suitable for you, please do not purchase it as we will not refund or return purchases.

On many products we do offer a return/exchange policy - if you are unsure about any purchases, please discuss with our sales team before purchase.

The full details of our Returns and Refund policy can be found on this website.

For more information regarding Consumer Guarantees, Your Rights and the Australian Consumer Law visit the Australian Competition & Consumer Commission (ACCC) website: http://www.accc.gov.au/consumers/consumer-rights-guarantees

Images

The images related to the Product(s) on this Website may not be identical to the Product(s) as shipped to the Customer. Many images are provided as a reference only, and Zax Amusements reserves the right to supply Product(s) which do not correspond precisely to the pictures appearing in this Website, provided that the said Product(s) perform the same function, are deemed similar enough as described in this Website including visually and are of similar size and shape.

Removal of Member

Zax Amusements endeavours (though solely at its own discretion) to remove and deregister Members who do not comply with these Terms and Conditions. Please note that once a member is deregistered, they will not be able to access any Zax Amusements website.

Downtime

The User acknowledges and accepts that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website and the Services are not available) for the purposes of repair, maintenance and upgrading. Accordingly, Zax Amusements Pty Ltd. does not guarantee uninterrupted availability of the Website, but it shall make reasonable efforts to minimize any periods when the Website is not available. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Changes to services and/or website

The User acknowledges and accepts that Zax Amusements Pty Ltd. may from time to time alter any aspect of the Website or the Services as it thinks fit and without notice to Users. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such alteration.

Limitation of Liability

Zax Amusements Pty Ltd shall have no liability whatsoever to any User or third party in respect of any Product advertised or offered for sale on the Website and the Seller of any such Product shall indemnify Zax Amusements Pty Ltd against any such liabilities, costs and expenses incurred directly or indirectly as a result of any claim by the Buyer or any other User or third party in relation to such Product, or otherwise.

Zax Amusements Pty Ltd excludes all warranties in respect of both the creditworthiness of any User, and the authority of any User to enter into a transaction and complete it in compliance with these Terms and Conditions, and any other specific terms and conditions particular to a given transaction.

Zax Amusements Pty Ltd shall have no liability whatsoever to any User or third party in respect of any errors or omissions in the provision of the Services nor in respect of any of the contents of the Website, for any indirect or consequential loss, loss of business, revenue, profits, or saving which any User expected to make, or financial loss of any sort.

Zax Amusements Pty Ltd expressly excludes all warranties in respect of the accuracy of the contents of the Website. Except as expressly provided in these Terms and Conditions, all warranties, conditions, representations or other terms implied by statute or common law as to the quality of the Services or otherwise are excluded to the fullest extent permitted by law.

User Specific Terms

Password and Security

The User is responsible for maintaining the confidentiality of their User name and User password, and you agree to accept responsibility for all activities that occur under your account or password. The User agrees that it shall immediately notify Zax Amusements Pty Ltd of any unauthorised use of its User name or User password.

User Information

The User is required to provide certain information to Zax Amusements Pty Ltd for the purposes of registration. To review the ways in which we use and protect your personal information, please view our Privacy Policy.

The User warrants that:

• such User Information is complete and accurate at the time of being supplied to the relevant party;
• it will ensure that such User Information is updated as and when necessary so that it is at all times current, accurate and complete.

User Conduct

The User warrants that in the use of the Website and the Services it shall not:

• upload, post, transmit, reproduce or distribute or in any way exploit any material or information over which the User does not have proprietary or intellectual property rights, whether such information is derived from the Website, the Services or any other source, except with the express permission of the holder of either the proprietary or intellectual property rights to that material or information;
• upload, post, transmit, or distribute: any unauthorised or unsolicited advertising, offers for the sale of services or communications (except as may be permitted by the use of the Services);
• upload any material or information which contains a computer virus, or other code, files or programs intended to or having for effect to disrupt or otherwise adversely affect the provision of the Services and/or the operation of the Website, or of other Users' computer systems;
• or upload any material or information which is in any way unlawful, or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially, ethnically or otherwise objectionable;
• or reproduce, copy, sell, resell or otherwise exploit for any commercial purposes any part of the Website or its contents (including but not limited to information accessible through the Website) or the Services

Copyright

1. This Website and its contents are subject to copyright. The copyright is owned by Zax Amusements, or in the case of some material, third parties.
2. You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.

Trade Marks

Nothing contained in this Website shall be construed as granting any licence or right to use any trade mark displayed on this Website.

Third Party Websites

This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Zax Amusements has no control over and is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Save as otherwise provided for by law, Zax Amusements will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s storage drive. Zax Amusements may use cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Save as otherwise provided for by law, Zax Amusements, its officers, employees, agents, representatives of any sort, and advisers will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.

Termination

Zax Amusements Pty Ltd reserves the right to terminate forthwith, or to refuse to permit, the use of the Website or of the Services by any party, at any time and at Zax Amusements Pty Ltd's sole and absolute discretion. The User shall have the right to terminate its use of the Website and the Services, and its registration as a User, at any time upon one month's notice to Zax Amusements Pty Ltd.

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Zax Amusements makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Notices

Any notice to be given pursuant to these Terms and Conditions shall be given:

Zax Amusements Pty Ltd

Attn: Managing Director and/or General Manager

1661 Centre Road, Springvale VIC 3171

Phone: +61 3 96769190