General

Welcome to the Viali® Web site. The Viali Web site at (the "Site") is a non-transactional website. By using the Site YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site.The products detailed on this site are currently available exclusively from The Good Guys retail stores

We reserve the right to make changes to Legal Notices and Conditions of Use at any time. Each time you Use this Site you should visit and review the then current Legal Notices and Conditions of Use that apply to your use of this Site. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

M.E.W. (Wholesale) Pty Ltd. ACN 152 719 036(“We”, “Us”, “Our”) is the owner and operator of the Viali Website.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

If a provision of these Terms isinvalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions

Compliance

You agree to comply with all relevant laws, state or federal, relating to your use of the Site.

Website Terms Of Use

When you visit the VialiApplianceswebsite the following information will be recorded by our Internet Service Provider (ISP) for statistical purposes:

  • your server address
  • your top level domain name (eg, .com, .gov, .au, etc)
  • the date and time of your visit to the site
  • the pages accessed and documents downloaded
  • the previous site visited, and
  • the type of browser used.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the Internet Service Provider's logs.

Your email address

We will only record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website. Your email address will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent. By providing your email address when purchasing online you consent to M.E.W. (Wholesaler) Pty Ltd providing you with information about other products or services that may be of interest to you via email, MMS, SMS, social media and telephone for an indefinite period of time.

Cookies

Our site contains cookies. A cookie is a small text file that is sent back to your computer's hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your enquiry that allows us to recognize you in the future. The cookies on our sites do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the Internet.

Spam

As part of our commitment to maintaining your privacy we do not condone or encourage spam.

Spam is 'unsolicited commercial electronic messaging'. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.

In accordance with the Spam Act 2003, we will only send commercial electronic messages with the addressee's expressed or inferred consent. All requests to unsubscribe will be dealt with promptly.

This website is owned by, and content is published by M.E.W. (Wholesaler) Pty Ltd("The Publisher"). You must not access, browse or use this website unless you agree to be bound by the terms and conditions set out below. If you do not agree to these terms and conditions, you must not use this website. For an explanation of the practices and policies of The Publisher relating to the collection, use, and storage of information of users of this website, users should refer to the Privacy Policy and Disclosure Statement of The Publisher set out below.

The information contained on this website is intended for general information only and should not be considered to be complete or definitive. The Publisher does not make any offer to sell goods or services at, by or through this website. Information on this website may contain technical inaccuracies or typographical errors. The Publisher accepts no responsibility regarding the accuracy of information that is provided by The Publisher on this website and use of such information is at your own risk. The Publisher reserves the right to make changes at any time, without notice, to any element of the website. All content and functionality on this website is provided "as is" and without warranties of any kind by The Publisher, express or implied. This website contains links to sites maintained by other organisations, and The Publisher does not take any responsibility for the content or functionality of those sites. You should take appropriate action to ensure that your access to, and use of this website and other sites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

All information or material sent to The Publisher will be deemed not to be confidential. You grant The Publisher an unrestricted irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose.

The Publisher will not be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of this website, or any other hyperlinked website, and including, but without limitation, loss of profits, interruption of business, loss of data on your information handling system or otherwise, even if The Publisher has been expressly advised of the possibility of such damages. The Publisher provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by The Publisher on this website.

If The Publisher breaches any term, condition or warranty which is implied by law and cannot lawfully be excluded, the liability of The Publisher for a breach of the applicable term, condition or warranty is limited to, at the election of The Publisher:

  • the resupply of the relevant advice, service, recommendation or information; or
  • the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

You authorise The Publisher to collect, store, disclose and share information about you with all or any one or more of the following:

  • Anyauthorised retailer of Viali Appliances
  • any consultant providing services to The Publisher or to the stores ("Consultants"); for the purpose of:
  • providing marketing information to you about products and services offered by the stores; and
  • monitoring the quality and standard of service provided to you or other consumers by the stores or by the Consultants.

The Publisher may at any time revise these terms and conditions by updating this website. By using this website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with The Publisher.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Product Display/Colours

The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

Right to Download

You may only download Content displayed on Our Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of Our Site including the text, images, audio and/or video for public or commercial purposes without written permission from Us. It is strictly prohibited to download the images of the products for sale within this site.

Proprietary Rights

All content included on or comprising Our Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under Australian and international copyright laws which We own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more trademarks are pending that apply to this site.

Our logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with Our permission and may not be reproduced, copied, or manipulated in any manner without the express, written Our approval.

We appreciate any product reviews, information or material submitted to the Website (“content submissions”). All content submissions sent to Us will be deemed not to be confidential.

You must not use this Website to:
(a) Make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(b) Interfere with other users or prevents any other person from using or enjoying the Site;
(c) Defame, harass, threaten or offend any person
(d) Make fraudulent or speculative enquiries, purchases or requests;
(e) Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings

Content contributions made to this Site are not a guarantee of publication or application. We reserve the right to:
(a) Reject, ignore or refuse any content contribution; and
(b) Investigate and verify the validity of content contributions made to the Site, including the identity, age, employer, and place of residence made of any person making a content contribution to this Site.

By using this Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Us or any other third party using this Site is non-confidential. By submitting any solicited or unsolicited information using Our Site, you grant Us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Notification of Copyright Infringement Under Copyright Act

If you believe that your copyrighted material may have been infringed, please provide Our Legal Department with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and if available, an e-mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact M.E.W. (Wholesale) Pty Ltd Legal Department to give notifications of claimed infringement:

Mail:
Interest Free Terms and Conditions Legal Counsel
M.E.W. (Wholesale) Pty Ltd.
P O Box 154
Niddrie
Vic 3042
Fax:
(03)-9330 6590

Applicable Law

This Site is created, operated and controlled by Us in the State of Victoria. The laws of the State of Victoria will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.

Links to Third-Party Web Sites

This Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display Our trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

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

This Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation,

(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
(b) using the Site for unintended purposes or trying to change the behaviour of the Site;
(c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;";
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or
(f) forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Us, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Us or generally publicly available browsers.