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Terms & Conditions


In order to use mercado32.com.au you must read and agree to our Policies, Terms & Conditions. They are for your protection and outline our obligations to you.  Last modified: 01/01/2018

This Website is owned and operated by Mercado 32 Pty Ltd, t/a Mercado 32 (ABN:  70 607 156 203).
The following Terms and Conditions govern the use of the Mercado 32 website ("Site"), the materials and information contained therein and related services made available to you via this Site. By accessing or using this Site in any manner, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not visit or use the Site. Mercado 32 may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. In the event of change(s) to these Terms and Conditions that you do not agree with you must immediately stop using the Site.


General Disclaimer

Mercado 32, its representatives and associated agents are not liable to you or any other person for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any specific warning or disclaimer contained herein.

Exclusion of Liability and Overall Disclaimer

The materials and information provided on this Site and related communications are provided on and "as is" basis. Mercado 32 assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. 
Subject to any non-excludable provisions in the Competition and Consumer Act, 2010  (Cth) (the “Act”), Mercado 32 expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Mercado 32 shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Mercado 32 is expressly advised of the possibility of such loss or damages.
These Terms and Conditions are effective until terminated by Mercado 32 and Mercado 32 may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.

Use of this Website

You will be required to register to use some of the features on this Site. Mercado 32 may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of this information change, please notify us immediately at the following e-mail address hello@mercado32.com.au

Your Account

In consideration of your use of all Mercado 32 offers, discounts and promotions, you hereby represent that you are of legal age and agree to provide true, accurate and current information about yourself as prompted through the Site’s registration. If you do provide details that are untrue, inaccurate, not current or complete, Mercado 32 has the right to suspend or terminate your account and refuse all current or future use of the Site. If you use the Site you are entirely responsible for maintaining the confidentiality of your access including but not limited to, your account registration, password and restricting access for any person other than yourself, to your computer. You agree that you accept responsibility for any and all activity that occurs under use of your account and password. As a strict security measure, we advise you to exit your account after each use to avoid unauthorized use. Mercado 32 reserves the right to terminate, refuse service, or remove or edit content at its sole discretion.

Privacy Policy

It is your responsibility to read and familiarise yourself with Mercado 32's Privacy Policy, which can be found in the footer of the Home Page.  You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the Mercado 32 Privacy Policy and Terms and Conditions.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Mercado 32 or its users.

Indemnity

You agree to indemnify and hold Mercado 32 (and it’s team) harmless from any demand or claim, including reasonable solicitor’s fees, arising out of or related to your breach of these Terms and Conditions or your violation of any law or the rights of a third party.

Links and Third Party Representation on this Website

The site may contain hyperlinks to websites operated by third parties ("Third Party Sites"). Such links are provided for your convenience.  Unless otherwise indicated, Mercado 32 does not control Third Party Sites and is not responsible for their content.
For the avoidance of doubt, Mercado 32 makes no representations or warranties about any Third Party Site which you elect to access through this Site. Third Party Sites are not under the control of Mercado 32, and Mercado 32 is not responsible for the accuracy of any information on any Third Party Site. Mercado 32 does not monitor or review the content of any Other Website. You must take your own precautions to ensure that a Third Party Site that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
 
You must indemnify and keep indemnified Mercado 32 in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Third Party Website, or both.

Limitation of Liability

Subject to any non-excludable provisions of the Act, Mercado 32 disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party. In particular, Mercado 32 shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if Mercado 32 has been advised of such damages), resulting from use of the Site, content or related services.
Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.

Governing Law

These Terms and Conditions are governed by the laws in force in Western Australia without regard to its conflict of law provisions and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from Mercado 32's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Mercado 32 with respect to that use.

In General

If any of these conditions are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Mercado 32 may offer special promotional offers, which may or may not apply to your Mercado 32 account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or context of such section.
Mercado 32 does not guarantee it will take action against all breaches of these Terms and Conditions. Except as otherwise expressly provided in these Terms and Conditions there shall be no third-party beneficiaries to this these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and Mercado 32 and governs your use of the Site, superseding any prior agreements between you and Mercado 32 with respect to the Site.

Definition of Key Terms 

"Linked Web Site" means websites of persons or entities other than Mercado 32 which are linked to and from this Site.
“Related Bodies Corporate” has the meaning assigned to it in the Corporations Act 2001 (Cth).

"Site" means the whole or any part of the web pages located at Mercado 32.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.) 

"Third Parties" means persons or entities represented on the Site other than Mercado 32.

"Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.

"We" and "us" refer to Mercado 32, and "our" has the same meaning.

"Your Information" means any information from which your identity is apparent or can be reasonably be ascertained.