Terms and Conditions
Last updated: 23 June 2017
PUSHAS PTY LTD. ("PUSHAS" or "we") provides an online marketplace for buying and selling new and used items (the “Services”) through our websites (“Site”), accessible at “www.pushas.com”. Through our Site, and Services, users can list items for sale by entering a sale price, as well as the size and condition of the item (“Sellers”). Users can also browse listings by Sellers and can choose to purchase the described item by entering in their payment and billing information (“Buyers”).
KEY TERMS RELATED TO CONTENT
"PUSHAS Content" means all Content that PUSHAS makes available through the Site, and Services, including any Content licensed from a third party, but excluding Registered User Content.
"Collective Content" means Registered User Content and PUSHAS Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Registered User" means a person who completes PUSHAS' account registration process, as described under "Account Registration" below.
"Registered User Content" means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, or Services.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR THE SERVICES OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
PUSHAS reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the terms of service page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.
The Site, or Services are intended solely for persons who are 14 or older. Any access to or use of the Site, or Services by anyone under 14 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are 14 or older.
In order to access certain features of the Site, or Services and to post any Registered User Content on the Site, or through the Services, you must register to create an account ("Account") and become a "Registered User." To become a Registered User you must be at least 14 years old. Any registration by anyone under 14 is void. By completing the registration process to create an Account, you represent and warrant that you are 14 or older. During the registration process, you will be required to provide certain information and you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PUSHAS reserves the right to suspend or terminate your Account for any reason at its discretion, including, but not limited to, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify PUSHAS of any unauthorised use of your Account.
SOCIAL NETWORKING SERVICES
As a Registered User of the Site, or Services, you may link your Account with your account on various third party social networking services, including, but not limited to, Instagram and Twitter (collectively, "SNS") subject to the terms and conditions of the applicable third party SNS services. If you decide to link your Account with an SNS via our Site, or Services, we may obtain the personal information you have provided to the SNS (such as your "real" name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS and use that information as part of your Account and to log you into the Site, Application or Services if you are already logged into the SNS; the information we obtain may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you. Please note that your relationship with the owners or operators of SNS services is governed solely by your agreement(s) with such third parties.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Australian federal law and foreign countries. Except as expressly provided in these Terms, PUSHAS and its licensors exclusively own all right, title and interest in and to the Site, Services and Collective Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, PUSHAS grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PUSHAS or its licensors, except for the licenses and rights expressly granted in these Terms.
REGISTERED USER CONTENT
Registered Users may post, upload, publish, submit or transmit Registered User Content. By making available any Registered User Content through the Site, or Services, you hereby grant to PUSHAS and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. PUSHAS does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, or Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or PUSHAS’ or its user's use of the Registered User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application or Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of PUSHAS and you hereby irrevocably assign to PUSHAS and agree to irrevocably assign to PUSHAS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At PUSHAS' request and expense, you will execute documents and take such further acts as PUSHAS may reasonably request to assist PUSHAS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, PUSHAS' name, any PUSHAS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PUSHAS’ express written consent;
- Access, tamper with, or use non-public areas of the Site, PUSHAS’ computer systems, or the technical delivery systems of PUSHAS’ providers;
- Attempt to probe, scan, or test the vulnerability of any PUSHAS system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PUSHAS or any of PUSHAS’ providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site, or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PUSHAS or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a PUSHAS trademark, logo URL or product name without PUSHAS’ express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site, or Services from other users of the Site, or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation
- Encourage or enable any other individual to do any of the foregoing.
PUSHAS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PUSHAS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PUSHAS has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Registered User Content, but has the right to do so for the purpose of operating the Site, or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PUSHAS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, any Registered User Content, that PUSHAS, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site, or Services.
COPYRIGHT AND IP POLICY
PUSHAS respects copyright law and expects its users to do the same. PUSHAS has adopted and implemented a policy that provides for the termination in appropriate circumstances of Registered Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site may contain links to third-party websites or resources. You acknowledge and agree that PUSHAS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PUSHAS of such websites or resources or the text, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Registering for the Service is free, however, PUSHAS charges certain fees based on various transactions on the Service. Unless otherwise stated, all fees are in AUD Dollars and are outlined in our Fees Policy.
We reserve the right to change, or discontinue, temporarily or permanently, some or all of the fees for the Service. Changes are published to the Site and are effective after (14) days notice is given. The Company reserves the right to temporarily change the fees for promotional events. Such changes are effective once the temporary promotional event is posted to the Site.
LISTING AND SALES
Selling: You must have the legal authority to sell the items that you are listing for sale through the Service. The sneakers you send and item name and SKU must be accurate to what will be sent to the Buyer upon completion of sale.
If you confirm that you will selling an item, you shall complete the transaction if a Buyer purchases your sneakers, unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. If a buyer purchases your sneakers, and you do not accept, you will incur a penalty fee for the amount of 13.5% + $5 of your sneaker’s listed price.
Buying: Unless the transaction is prohibited by law or these Terms of Service, you must complete the payment of the item, subject to the return procedure described below.
Shipping: PUSHAS will pay for the shipping label from the seller to PUSHAS and from PUSHAS to the buyer during a transaction. Once a seller has confirmed sneakers to be sold, a pre-paid shipping label will be sent to the seller to ship the sneakers to PUSHAS.
The Seller must only ship the purchased item using the provided shipping label.
The Seller is required to ship the sneaker to PUSHAS within (3) days of receiving the shipping label.
For buyers, once the buyer has paid for the sneaker in full, PUSHAS will ship the sneakers to the buyer. International buyers are responsible for any additional fees or taxes once the package has shipped.
Once the Buyer receives their purchased item as described, they are able to confirm receipt through the application.
The Buyer has (3) days to do so after receiving the purchased item, or the system will automatically confirm and accept on their behalf. Once confirmed, PUSHAS will credit the Seller’s account in the amount equal to the sale price less the service fee and shipping fee to be retained by PUSHAS. Any funds credited to the Seller’s account may be withdrawn by either bank transfer or cheque.
Returns: At PUSHAS, we pride ourselves on making our users happy. This means, if you are unhappy with the sneakers you have bought for any reason, we will accept refunds on UNWORN sneakers that are in the same condition as they were shipped.
All you have to do is email us at email@example.com with the subject - REFUND with your name and order number. Refunds are only valid within 3 days of the date you received your sneakers.
Due to the nature of the sneakers, we unfortunately do not accept slightly worn/worn Sneakers.
Once we process your return, we will refund you for the amount you paid, less the shipping costs to and from you AND 6.5% of the amount for any transaction costs we have incurred.
Please note: Returns will not be processed without a Return Label provided by PUSHAS.
The package remains the responsibility of the customer until it is received by PUSHAS. Once we receive your return, the sneakers will be evaluated before your refund is made. PUSHAS reserves the right to make the final decision on all return cases.
PUSHAS uses both eWay (linked to the Commonwealth Bank of Australia) and Paypal, arguably the most secure payment processing companies for Australian consumers. By using these payment processing services you agree to their respective Payment Services Agreement available at their respective websites.
BANK TRANSFER PAYMENTS
In order for sellers to use the Bank Transfer payout functionality of PUSHAS, you must provide PUSHAS with a valid bank account (BSB & Account Number), your full name, address as required by law.
You authorise PUSHAS to share your identity and account data with Commonwealth Bank of Australia for the purposes of payment, and you are responsible for the accuracy and completeness of that data.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, PUSHAS will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. PUSHAS reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. When you register to join the Site and create a profile page, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to PUSHAS by Registered Users, arising out of or in connection with your use of a false name, may result, in PUSHAS' sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event PUSHAS terminates these Terms for your breach, or revokes your access to and use of the Site, or Services or terminates or discontinues the Site, or Services and consequently these Terms, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND ‘AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PUSHAS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PUSHAS MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PUSHAS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, COLLECTIVE CONTENT OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE Site, or Services OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE Site, or Services.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUSHAS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL OF YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site, or Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, or Services. YOU UNDERSTAND THAT PUSHAS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE Site, or Services, NOR DOES PUSHAS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE Site, or Services. PUSHAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Site, or Services OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Site, or Services. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site, or Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, or Services, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold PUSHAS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these Terms.
LIMITATION OF LIABILITY
PUSHAS is a platform for Buyers and Sellers to transact on with each other. While PUSHAS may help facilitate resolution of disputes, and may provide guarantees stated in the PUSHAS Refund Policy or PUSHAS Guarantee Policy, we do not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of users' listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; that a Buyer or Seller will actually complete a transaction or return an item; the legal transfer of item from the Seller to the Buyer; or that a buyer or seller will actually complete a transaction.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER PUSHAS NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or COLLECTIVE Content will be liable for any direct damages, or any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, arising out of or in connection with: (a) THESE TERMS or from the use OF or inability to use the SITE, Services OR COLLECTIVE CONTENT; (b) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE Site, or Services; (c) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the Site, or Services OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, or Services, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not PUSHAS has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ASIDE FROM THE SERVICES PROVIDED THROUGH THE SITE, PUSHAS IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S VISIT TO A VENUE, RESULTING FROM USE OF THE Site, or Services.
In no event will PUSHAS' aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PUSHAS FOR USE OF THE SITE, SERVICES OR CONTENT OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUSHAS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of PUSHAS used herein are trademarks or registered trademarks of PUSHAS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by Australian Federal Law without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between PUSHAS and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PUSHAS and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without PUSHAS’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PUSHAS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PUSHAS: (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and PUSHAS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and PUSHAS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and PUSHAS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) then in effect, except as modified by this “Dispute Resolution” section. The Commercial Arbitration Act 2010 (NSW) will govern the interpretation and enforcement of this Section.
The failure of PUSHAS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of PUSHAS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions regarding our legal policies, please email us: email@example.com