Terms & Conditions 2

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PRODUCT ORIGIN AND CONDITION

We only sell GENUINE, original manufacturer, LICENSED products exactly the same as you would find in an Australian retail store. If you are not sure whether a DVD or game advertised on eBay is genuine look for the official oflc.gov.au Australian rating sticker or imprint on the front - if it is not there - it is probably an unlicensed and inferior product. It is illegal to sell pirate, bootleg or unauthorized copies. All items we sell are guaranteed free of defects. If you have any problems see our returns policy.

RETURNS / REPLACEMENTS

Customer satisfaction is what we strive for and we realize from time to time a customer may wish to return a product after purchase if it is faulty or Damaged in the manufacturing process. Each item is sold with a full money back guarantee (excluding shipping & handling charges) if returned unopened within 14 days - this does not include orders where you have simply changed your mind.

In the unlikely event that an item is found to have manufacturing faults, or has been incorrectly sent, we will gladly replace it.  Claims for faulty merchandise need to be made within 14 days of receipt/delivery. Returned goods MUST be accompanied by the invoice supplied.

We accept no liability for loss, damage, or consequential loss whatsoever resulting from or due to the use of uninsured postal methods (Regular Post or Airmail without insurance).

Please contact us by email before returning any product or to discuss any problem you may have with the item before leaving feedback. Smooth transactions will receive positive feedback, once the sale is complete. We consider a sale to be completed once you have left us positive feedback. We will leave positive feedback only when positive feedback is left for us.

PAYMENT

We appreciate all payments being received within 7 business days. We will send you an email when your cleared payment is received by us. If you are having difficulty paying please contact us immediately to see if alternative arrangements can be made. All payment details are available when you checkout. Payment reminders are sent every 7 days.

Wizard DVD

Wizard DVD and OZ DVD Movies are trademarks and trade dress may not be used in connection with any product or service that is not Wizard DVD and OZ DVD Movies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wizard DVD and OZ DVD Movies. All other trademarks not owned by Wizard DVD (wizarddvd.com.au) or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wizard DVD, wizarddvd.com wizarddvd.com.au or its subsidiaries.

Access and Licenses
Wizard DVD and wizarddvd.com.au grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wizard DVD. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wizard DVD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wizard DVD and our associates without express written consent. You may not use any Meta tags or any other "hidden text": utilizing Wizard DVD's name or trademarks without the express written consent of Wizard DVD. Any unauthorized use terminates the permission or license granted by Wizard DVD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wizard DVD. 'so long as the link does not portray Wizard DVD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wizard DVD logo or other proprietary graphic or trademark as part of the link without express written permission.

Gift Certificates can not be exchanged for cash.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.

Disclaimer

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Wizard DVD ON AN "AS IS": AND "AS AVAILABLE": BASIS. Wizard DVD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Wizard DVD DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Wizard DVD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,OR E-MAIL SENT FROM Wizard DVD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wizard DVD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE,
AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes
Any dispute relating in any way to your visit to Wizard DVD or to products you purchase through Wizard DVD shall be submitted to confidential arbitration at our Head Office on the Gold Coast, except that, to the extent you have in any manner violated or threatened to violate Wizard DVD intellectual property rights, Wizard DVD may seek injunctive or other appropriate relief in any state or federal court in the state of Wizard DVD, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules of the State in which Wizard DVD determines. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction.To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Better Buy Now Terms & Conditions

Terms and Conditions

READ CAREFULLY. These Terms of Use ("Terms of Use") apply to use of the betterbuynow.com.au online site The website located at http://betterbuynow.com.au (the "Site"). The Site is the property of Wizard DVD wizarddvd.com ABN: 12 684 947 581 (together with its affiliated companies, including without limitation, ozdvdmovies.com.au and wizarddvd.com.au. Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THIS TERMS OF USE."Terms and Conditions". IF YOU DO NOT AGREE, THEN DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

 

betterbuynow.com.au Shopping reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, betterbuynow.com.au grants you ("End User) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

 

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to betterbuynow.com.au, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without betterbuynow.com.au and Wizard DVD's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au reserves all rights not expressly granted hereunder. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

 

betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au are registered trademarks, trademarks or service marks of Wizard DVD. or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Wizard DVD. or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au. trademark or service mark without Wizard DVD's express written consent is strictly prohibited.

 

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card or payment method to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.

 

You also agree that betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au will not be liable to you or to any third party for termination of your access to the Site.

 

Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

 

While betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au or follow the opt-out procedures set forth in such marketing emails.

 

5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident of Australia. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

 

6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, Direct Bank Deposit/Transfer or PayPal. (this list of approved payment methods is subject to change by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au in its sole discretion). Unless expressly set forth on the betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au site, we do not accept any other form of payment. If we offer or accept any other form of payment for any particular transaction, then you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au of any discrepancies within sixty (60) days after they first appear on your credit card statement, then you agree that they will be deemed accepted by you for all purposes. If betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au does not receive payment from your credit card issuer or its agent, then you agree to pay all amounts due upon demand by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes, GST or import or export taxes that may apply. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au.

 

7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed with a total order amount over $1000.00 (AUD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind for commercial resale or any other customers who intend to resell.

 

8. Importing Products. Some of the products offered on the betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au site must be imported from other Countries. If you order products that must be shipped from other Countries, then you should understand that your order may take longer to arrive. More importantly, your purchase of products to be imported may impose legal responsibilities and obligations upon you. If you order products to be imported from other Countries, then by that order you agree that you are responsible to make sure (1) that the product can lawfully enter the destination country; and (2) that you comply with all laws and regulations of the destination country. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au does not control the amount or timing of any taxes, duties or fees. Those are set by the destination country and we cannot estimate what those costs might be for any particular product or destination. We recommend that you contact your local customs officials with any questions or if you need more information.

 

9. No Responsibility To Sell Mispriced Products Or Services. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall have the right to refuse, reduce or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall have the right to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, then betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall issue a credit to your credit card account in the amount of the charge.

 

10. Modifications to Prices or Billing Terms. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR UPON E-MAIL TRANSMITTAL TO YOU.

 

11. Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.

 

12. Warranty, Technical Service and Support for Goods Sold. All requests for warranty claims, technical service or support should be made directly to the manufacturer in accordance with their terms and conditions.

 

13. Indemnification. You agree to indemnify and hold harmless betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms of Use, or your violation of any law, regulation or third-party right. If you fail to assume such defense, then betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au may defend the action in any manner that it deems appropriate, and you agree to pay to betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au all costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we maybe required to pay by reason of any settlement or judgment against betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au. The provisions of this Section 12, and the indemnity hereunder, shall survive these Terms of Use and any performance hereunder.

 

14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD's PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

 

15. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD SITE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR IN CONNECTION WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

16. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD will terminate the infringing customer's account. betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c)