Terms Of Use Agreement

Welcome to Mobile Mart Pty Ltd's website ("Mobile Mart", "we", "our", "us"). By accessing or using www.mobilemart.com.au (the "Website"), you agree to be bound by the following terms and conditions of use ("Terms of Use"). If you do not agree to these Terms of Use, please do not use the Website.

Use of the Website

a. You may use the Website only for lawful purposes and in accordance with these Terms of Use.

b. You agree not to use the Website:

i. in any way that violates any applicable federal, state, local, or international law or regulation;

ii. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

iii. to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

iv. to impersonate or attempt to impersonate Mobile Mart, a Mobile Mart employee, another user, or any other person or entity;

v. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Mobile Mart, may harm Mobile Mart or users of the Website or expose them to liability.

Privacy

Your use of the Website is also subject to our Privacy Policy, which is available on the Website. By using the Website, you acknowledge that you have read and understand our Privacy Policy and that you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Mobile Mart, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Disclaimer of Warranties

The content, services, products, and information on the Website are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Mobile Mart does not warrant that the Website, its servers, or email sent from the Website are free of viruses or other harmful components.

Limitation of Liability

In no event shall Mobile Mart or its affiliates, licensors, or service providers be liable for any damages whatsoever arising out of or in connection with your use of the Website or any product, service, or information obtained through the Website, including but not limited to direct, indirect, consequential, incidental, special, or punitive damages, whether in an action of contract, negligence, or other tortious action, even if Mobile Mart has been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Mobile Mart, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use

Conditions

Retention of Title: Until full payment is received by Mobile Mart Pty Ltd (the 'Seller') for the goods sold to the buyer (the 'Buyer'), ownership of the goods shall remain with the Seller. The Buyer agrees to store the goods separately and clearly identify them as property of the Seller. In the event of non-payment, the Seller reserves the right to repossess the goods. The Buyer grants permission for the Seller to enter their premises for the purpose of repossessing the goods. This retention of title clause is effective regardless of any modifications or incorporation of the goods. The Buyer is responsible for any costs associated with repossession. This clause does not affect the passing of risk, which occurs upon delivery