Purchase of goods and services from Starsky Computers are subject to the following terms and conditions. By agreeing to purchase or receive goods or services from Starsky Computers, you accept the following terms and conditions, without limitation or qualification.
Please feel free to read the full list of terms and conditions on this page. For quick reference, commonly requested terms and conditions are listed in the General section below.
General
1All information on this website is presented as "best effort". Starsky Computers does not guarantee that any information downloaded from this website is accurate and reserves the right to change or update any terms, conditions, prices or information regarding any Starsky Computers' product, service or business entity without customer notification.
2 All invoices are due within one (1) week of being issued.
3 Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work. You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer's hard drive(s) and/or any other storage devices you have before we provide any services to you.
If for some reason you cannot back-up your data, we can do this for you for a fee as part of our On-Site Services if you request our "Data Backup" service which is provided pursuant to these Terms (including the Back-up Consent Form). If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible at any time for any loss, alteration or corruption of data or files relating, either directly or indirectly from the provision of our services.
3 All services are charged at a minimum of one (1) hour. After the first hour, services are charged in fifteen (15) minute increments.
1.0 Definitions
In these conditions:
"Conditions" means these Conditions of Provision of Goods and Services;
"Customer" means a person, firm or corporation, jointly and severally if there is more than one, that requests goods or services from Starsky Computers;
"goods" means all products and other goods (including any software) supplied by Starsky Computers to the Customer;
"services" means all services supplied by Starsky Computers to the Customer;
"Starsky Computers" means Starsky Computers (ABN 67 695 887 521); and
"Party" and "Parties" means severally and not jointly Starsky Computers and/or the Customer as the context requires.
2.0 Basis of Contract
2.1 Unless otherwise agreed by Starsky Computers in writing, these Conditions apply exclusively to every contract for the sale of goods or the provision of services by Starsky Computers to the Customer and cannot be varied or supplanted by any other terms or conditions without the prior written consent of Starsky Computers.
2.2 Any written quotation provided by Starsky Computers to the Customer concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to the Customer to place an order based upon that quotation. These Conditions may be supplemented by additional terms in Starsky Computers's quotation which are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and services must be made by credit card on or prior to the completion of the provision of goods or services unless the Customer has a credit account with Starsky Computers.
3.2 All Starsky Computers visits are chargeable and are charged in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full half hour.
3.3 All goods supplied by Starsky Computers are charged separately from the services.
3.4 Where there is any change in the costs incurred by Starsky Computers in relation to the goods or services, Starsky Computers may vary its price for goods or services on order to take account of any such change, without giving notice to the Customer.
3.5 Call-out fees may be applied at rates dependent on the Customer's suburb.
4.0 Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to Starsky Computers, or if any cheque drawn by the Customer is dishonoured, then all money which is then due as well as all monies that are payable by the Customer to Starsky Computers at a later date on any account, shall be due and payable immediately without the requirement of any notice to the Customer, and Starsky Computers may, without prejudice to any other right or remedy available to it:-
(a) charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of Starsky Computers’s principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and
(b) charge the Customer for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by Starsky Computers resulting from the default and in G2U taking whatever action it deems appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging Dun & Bradstreet or other debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as Starsky Computers thinks fit, supply of any further goods or services to the Customer; and
(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Starsky Computers; without effect on the accrued rights of Starsky Computers under any contract.
4.2 Clause 4.1 may also be relied upon, at the option of Starsky Computers:
(a) where the Customer is an individual, he or she becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
5.0 Passing of Property
5.1 Until full payment in cleared funds is received by Starsky Computers for all goods supplied by it to the Customer, as well as all other amounts owing to Starsky Computers by the Customer:
(a) title and property in all goods remain vested in Starsky Computers and do not pass to the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for Starsky Computers;
(c) the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the goods; the Customer is required to hold the proceeds of any sale of the goods on trust for Starsky Computers in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
(d) Starsky Computers may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of Starsky Computers, and for this purpose the Customer irrevocably licenses Starsky Computers to enter such premises and also indemnifies Starsky Computers from and against all costs, claims, demands or actions by any party arising from such action.
6.0 Risk and Insurance
The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer.
7.0 Performance of contract
Any period or date for delivery of goods or provision of services stated by Starsky Computers is intended as an estimate only and is not a contractual commitment. Starsky Computers will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
8.0 Starsky Computers Warranties
8.1 If Starsky Computers is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the Customer. Starsky Computers does not warrant that it will be able to fix all problems that it diagnoses.
8.2 All goods and services supplied shall be free from defects in materials and workmanship for a period of 10 days from the date of delivery.
8.3 Nothing in this clause 8 is intended by the parties to be, and shall not be construed or interpreted to be, a representation, term, warranty or condition that the operation, use or functionality of any goods or products supplied by Starsky Computers (including any software) will be uninterrupted or error free. Customer understands and accepts that all such goods and products (and information technology and communications products generally), may have errors (or "bugs") and may encounter unexpected problems, and accordingly Customer may experience downtime and errors in the use of the goods and products. Without limiting the obligations set out in clause 9, Customer will put in place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse impact of any such downtime or error.
8.4 Starsky Computers will comply with its obligations under the Privacy Act 1988 and in accordance with its Privacy Policy which can be viewed at http://www.starsky.com.au/privacy.html. Customer must read and shall be deemed to have read the Privacy Policy. Customer agrees and consents irrevocably to Starsky Computers's use of Customer's personal information in accordance with the Privacy Policy.
9.0 Customer's Responsibilities
9.1 Customer shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.
9.2 Customer shall comply, at its own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.
9.3 Customer shall ensure that its operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by Starsky Computers and/or any third party manufacturer from time to time.
9.4 Customer shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.
9.5 Customer shall perform general "housekeeping", testing, adjustment and/or maintenance as recommended by Starsky Computers in respect of any goods supplied by Starsky Computers in order to maximise the availability of and performance of the goods or permit performance by Starsky Computers of any of its obligations hereunder.
9.6 Customer agrees to exercise due care and carry out such precautions which may be recommended by Starsky Computers or otherwise required as a matter of prudence in connection with the performance by Starsky Computers of any of its obligations hereunder, for example, but without limiting the generality of the foregoing, advising its staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
9.7 The Customer shall as a fundamental term of these Conditions back up all software, data and files that are stored on its computer and/or on any other storage devices it may have prior to the arrival of the Starsky Computers technician. Starsky Computers and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
10.0 Liability
10.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by Starsky Computers under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, Starsky Computers's sole liability to Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the fees and charges paid by the Customer under these Conditions as at the date of the breach;
10.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired; and
10.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each case Starsky Computers may elect.
10.3 In no event shall Starsky Computers be liable to Customer or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) actions of Starsky Computers that were expressly or impliedly authorised by Customer, or by Customer's employees or agents;
(c) accident, misuse or abuse by anyone other than the Starsky Computers;
(d) alteration or modification of the goods by anyone other than the Starsky Computers;
(e) products (including any hardware or software) not licensed or supplied by Starsky Computers that are attached to or used with the goods;
(f) Customer's failure to provide a proper operating and working environment for the goods;
(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,
(i) acts of God or acts outside Starsky Computers's control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of the Customer's obligations or responsibilities set out in these Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises nominated by Starsky Computers. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer.
10.5 In no event will Starsky Computers be liable to Customer or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
10.5.2 Customer's liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if Starsky Computers has been advised of the possibility of such loss or damage.
10.6 Starsky Computers will not be liable for any loss or damage suffered by the Customer where Starsky Computers has failed to meet any delivery date or cancels or suspends the supply of goods or services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the software and services where pursuant to applicable law to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either Party.
11.0 Copyright in Software
11.1 Starsky Computers will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to Starsky Computers by the Customer to be installed on a Customer's computer.
11.2 The Customer hereby warrants that it has a valid licence in respect of such software and shall indemnify Starsky Computers against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Starsky Computers installing software at the request of the Customer.
12.0 Cancellation
12.1 If, through circumstances beyond the control of Starsky Computers, Starsky Computers is unable to effect delivery or provision of goods or services, then Starsky Computers may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
12.2 If the Customer gives less than 4 hours notice to Starsky Computers to cancel any request for on-site service, then Starsky Computers may charge a cancellation fee of $80 for the loss and damage caused.
13.0 No representation or reliance
14.1 The Customer acknowledges that neither Starsky Computers nor any person acting on behalf of Starsky Computers has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
14.2 The Customer acknowledges and confirms that it does not enter into these Conditions in reliance on any representation or other inducement by or on behalf of Starsky Computers, except for representations or inducements expressly set out in these Conditions.
14.3 Without limiting the generality of clauses 14.1 and 14.2, Customer understands and hereby confirms that:
(a) its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by Starsky Computers or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and
(b) Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.
14.0 Entire Agreement
15.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
15.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
15.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
15.0 Governing law
16.1 This Agreement is governed by and must be construed according to the law applying in Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
CONDITIONS OF USE
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PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 16 YEARS OLD OR OLDER AND A AUSTRALIAN RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
1.Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2.Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3.Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by STARSKY COMPUTERS in its sole discretion. If membership has been revoked, STARSKY COMPUTERS reserves the right to refuse application or readmission to the membership program.
4.Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5.Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6.Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7.Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8.Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9.Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10.Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11.Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12.Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13.Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
14.Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15.Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16.Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17.Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
18.Return Policy. Due to the nature of our online site, and the products listed, we STARSKY COMPUTERS have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. (“ THIS SECTION CAN BE CHANGED AS TO YOUR RETURN POLICY”)
19.Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED TO THE FULL EXTENT OF THE LAW . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MELBOURNE OR VICTORIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by STARSKY COMPUTERS, in the State of Victoria, Australia. As such, the laws of VICTORIA will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
20.Lapsed Accounts: In order to keep STARSKY COMPUTERS membership roster current, if a Member does not access his or her account for a period of 365 days or more, STARSKY COMPUTERS may, in its sole discretion, terminate such Member's account. STARSKY COMPUTERS will endeavor to notify a Member of STARSKY COMPUTERS intent to terminate such Member's account by notice to such Member's provided email address at least 7 days prior to deactivation. If the Member fails to respond to such email notice within 7 days after the day it is sent by STARSKY COMPUTERS, such Member's account will be terminated as noted above. Therefore, STARSKY COMPUTERS strongly recommends that all Members keep their accounts and contact data current and in use. While STARSKY COMPUTERS desires to prevent active accounts from being terminated prematurely, STARSKY COMPUTERS has no obligation to maintain accounts that appear to STARSKY COMPUTERS to have been abandoned. Each Member agrees that failure to access his or her account for 365 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
21.Verify Members' Address: STARSKY COMPUTERS reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from STARSKY COMPUTERS.
