Last updated: 10 April 2014
1.1 Welcome to www.thenile.com.au (Website). This Website is owned and operated by Mercury Retail Pty Ltd (Company), an Australian company limited by shares. The Company operates the Website under the brand 'The Nile'.
3. Different types of Users
3.2 To make full use of the functionality of this Website (for example, to earn Nile Miles on your purchases to add items to your wish list), you will need to register with the Company (Registered User).
4.1 If you wish to become a Registered User, you must provide the Company with certain true and correct information about yourself (User Registration Information), as requested by the relevant registration page on this Website. Information requested may include some or all of the following information, your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; and office address.
4.2 Where you purchase products and services from the Company, the Company will request payment details including your billing address (also User Registration Information). You must promptly notify and update the Company if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to the Company contacting you via such means for any purpose in connection with the Website or the Services.
5. Use of the Website Material
6. Intellectual Property Rights
6.1 All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in the Company (or its licensors).
7. Submitted Materials
7.2 If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including the Company and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) advertise any product or service or solicit any business.
7.3 You agree that the Company may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by the Company and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and the Company; and (iv) directly or indirectly commercially benefit from your User Material.
7.4 The Company does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into commercial rental arrangements in respect of that User Material.
8. Prohibited activities
8.1 You must not submit, post, upload, email or otherwise send or transmit to this Website, or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website.
8.2 You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website.
8.3 You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
9. Cessation of services
10. Indemnity by you
11. Other websites
12.1 Subject to clause 12.2, Users must not link to this Website from any other website (or authorise any other person to link from a third party website to this Website) without prior written consent from the Company. The Company prohibits framing or embedding all or any part of the Website on any other website.
12.2 Members of the Affiliate Program may link to this Website in accordance with the instructions set out on the Website.
13. Changes to this Website
The Company may (with or without notice to you) make changes to this Website, the Website Material and the Services.
14. Availability of this Website
This Website, the Website Material and the Services are provided on an "as available" basis and the Company shall not be liable if this Website, the Website Material or the Services are unavailable for any period. The Company may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. The Company does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, "bug" or "virus" free.
15. Accuracy of this Website
This Website, the Website Materials and the Services are provided on an "as is" basis and the Company makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
16.1 To the fullest extent permitted by applicable law, the Company excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise), including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose.
16.2 To the fullest extent permitted by applicable law, the Company also excludes the application or availability of any statutory rights or any statutory guarantees with respect to this Website, the Website Material or the Services.
17. Limitation of liability
18. Force majeure
Subject to clause 21, if GST is payable in respect of any supply made to you by the Company, you will be liable to pay an amount equal to the GST payable (at the current prevailing rate) on the supply at the same time and in the same manner as the consideration for the supply is to be provided under this Agreement. GST means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth).
21. Imported Goods
21.1 In this clause: Imported Goods means goods which are sourced directly from outside Australia and which are available through the Website and which are specifically labelled as ‘Ships from New Zealand' or ‘Ships from United Kingdom' or ‘Ships from USA'. Order means an order for Imported Goods.
Taxes means value added taxes (including GST) and all levies, imposts, charges and duties imposed by any authority in relation to Imported Goods.
21.2 The amount payable for Imported Goods is shown on the Website in Australian dollars.
21.3 The Company will be a mail or courier provider for all shipping and delivery requirements, on your behalf. A standard flat rate fee per delivery will apply. This will be charged at the time an Order is made, and will be payable at the same time and in the same manner as the consideration for the goods is to be provided.
21.5 Imported Goods are sold to you on an FCA basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time of delivery of the goods to the nominated delivery agent in the country of export.
21.6 You acknowledge and agree that you will be recorded as the importer of record and will be the responsible party for any Taxes associated with the importation of Imported Goods.
21.7 You acknowledge that the Company is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as importer of record for the Imported Goods.
21.8 If your order arrives in Australia and the Customs value is above the low value import threshold of AUD $1,000, you may be required to lodge a Customs Import Declaration and pay the calculated duty and GST. For further information visit http://www.customs.gov.au
21.9 For Customs purposes any number of goods delivered by the Company to you may be considered as the one consignment and the total value will be taken into account in assessing whether the low value import threshold has been reached.
22. Delivery of Goods
You acknowledge and agree that delivery times in relation to products ordered through the Website are an estimate only.
The Company does not take title to returned items until the item arrives at the return address nominated by the Company.
25. Contacting the Company
Address: 19 Whiting Street, Artarmon, NSW, 2064, Australia