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Knowledgebase: Website
Terms and Conditions
Posted by Felix Prasser on 31 July 2013 02:52 PM
WARRANTIES
To the extent permitted under the Trade Practices Act 1974 (Cth) and all other applicable law, all representations, warranties and other terms are excluded. Additionally, if you are purchasing a product produced by a third party or supplied to Simulator Central for on-sale:
a) Simulator Central makes absolutely no warranty regarding that product and will direct all warranty and related queries to the relevant third party manufacturer or creator;
b) Simulator Central may provide the third party with your contact details for the third party's sales and warranty records. Such supply is not a breach of the Simulator Central privacy policy and may in some cases be required by law. If you do not want your details supplied to the third party, do not purchase the product.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you or in your location.

DELIVERY
All shipping and delivery times listed on the Website are estimates only. Simulator Central does not guarantee delivery times and puts you on notice that delays may be experienced.
Where goods are being physically transported, Simulator Central accepts no responsibility for any loss or damage to goods occurred in transit.
Items purchased that have an included power supply unit, will be shipped with a standard Australian pin plug. International customers may require a local pin convertor.

PAYMENT
Payment will be considered received once the full amount paid by you is received by Simulator Central in immediately available funds.

NO LIABILITY
To the extent permitted under the Trade Practices Act 1974 (Cth) and all other applicable law, Simulator Central assumes no liability for:

a) The use of any product or service purchased, downloaded or otherwise available on this Website. Simulator Central is not liable for damages of any kind (including compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties) or other losses of any kind, even if Simulator Central has been advised of the possibility of such damage or loss; and
b) the interference with or damage of Your computer systems brought about by Your use of any product or service that contains a virus, worm, Trojan horse or other malicious piece of program code.
Without limiting the above paragraphs, in the event that a product is faulty, Simulator Central, at its discretion, may:

(a) provide You with a replacement of the purchased product;
(b) refund to You the purchase price paid by You for the faulty product in the form of Store Credit;
(c) require You to return the faulty product and all accompanying material to a specified address for inspection; or
(d) Any or all of (a), (b) and (c).

CANCELLING ORDERS
For goods that require physical delivery, orders may only be cancelled prior to shipping. Please contact one of our Customer Services Specialist to request cancellations.
For digital goods, refunds will not be issued. If you are having trouble using or downloading a product, contact a Customer Services Specialist for assistance. Please thoroughly examine the product detail page to make sure your computer meets the system requirements.

PRE-SELL
Please note that Pre-sell products may still be under development. Features and Shipping date may be subject to change without notice.

PRODUCT PRICES
Unless otherwise specified, all prices listed on this Website do not include any delivery charges or Taxes.
You are required to pay all delivery charges and Taxes. Such charges may be included in the grand total or be displayed as separate charges.

INTERNATIONAL ORDERS
Prices do not include taxes and duties specific to your location. You will be responsible for any relevant taxes and/or duties upon delivery.

INVITATION TO TREAT
Nothing presented on this Website is to be construed as an offer to enter into a contract with Simulator Central in relation to the provision of any goods or services. This Website and the goods and services presented on it are an invitation to treat only.
Publishing information about a product on this Website does not ensure its availability. Products are advertised subject to availability.
Price information is subject to change without notice.
Simulator Central does not undertake to keep this Website updated. Simulator Central is not liable to You or anyone else if errors occur in the information on this Website or if that information is not up to date.

INDEMNIFICATION
You agree to fully indemnify and hold Simulator Central harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these terms and conditions of use.

WAIVER
Simulator Central’s failure to exercise or enforce any one or more of its rights under these terms and conditions of use will not constitute a waiver of such rights unless such waiver is granted by Simulator Central in writing.

GOVERNING LAW
These terms and conditions of use are governed and interpreted in accordance with the laws of the state of Queensland, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

SERVERABILITY
If any part of these terms and conditions of use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of the terms and conditions of use will not be affected and these terms and conditions of use will be read as if the part had been deleted in that jurisdiction only with the remaining provisions remaining in full force and effect.

LANGUAGE
The parties agree that the terms and conditions of use have been prepared in English and to the extent any translation of these terms and conditions of use is necessary, such interpretation must be consistent with the English meaning of these terms and conditions of use. Simulator Central is not liable for, and will not pay, any charge associated with such a translation.

INTERPRETATION
In these terms and conditions of use, a reference to:
“Simulator Central" means, as the context requires, [N3V Games Pty. Ltd.] ABN [43 118 743 534] or any of its subsidiaries from time to time, or any of their employees, agents, suppliers or contractors;
"Taxes" means any direct or indirect tax, levy, charge, impost, duty, fee or withholding which is assessed, levied, imposed or collected by any governmental agency or other authority and imposed on any transaction including the sale, purchase, hire, importation, transport or delivery of any goods and services and includes any goods and services tax and customs duty;
"Website" means all pages, sub-sites and services of the Simulator Central website accessible at the domain [www.simulatorcentral.com]
"You" means the reader of this document as the second party.


**End of Terms and Conditions.**
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