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Last Updated: June 12, 2025
1. Introduction
Welcome to Lotus Computers. These Terms of Use (“Terms”) govern your use of the website lotuscomputers.com.au (the “Website”) and all related services provided by Lotus Computers (“we”, “us”, or “our”).
By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website or use our services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
3. Website Access and Use
3.1 Account Registration
Some areas of the Website may require you to create an account. 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.
3.2 Account Security
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. You agree not to disclose your password to any third party.
3.3 Acceptable Use
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
4. Products and Services
4.1 Product Information
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we cannot guarantee that your computer’s display of any color will be accurate, and product images are for illustrative purposes only.
4.2 Pricing and Availability
All prices are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to modify prices for products displayed at any time without notice. We make no guarantee about the availability of specific products.
4.3 Orders
When you place an order through our Website, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your offer for any reason, including but not limited to: product availability, errors in product or pricing information, or problems identified by our fraud prevention department.
4.4 Payment
We accept various payment methods as indicated on our Website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
4.5 Shipping and Delivery
We will arrange for the delivery of the products to the address you specify when placing your order. Delivery times are estimates only and may vary. We are not responsible for delays outside our control.
4.6 Returns and Refunds
Our returns and refunds policy is incorporated by reference into these Terms. Please refer to our Returns Policy on the Website for more information.
5. Warranties and Guarantees
5.1 Consumer Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5.2 Product Warranties
New products sold by Lotus Computers may be covered by the manufacturer’s warranty. Refurbished products are covered by our Lotus Computers warranty as specified on the product page. These warranties are in addition to your rights under the Australian Consumer Law.
6. Intellectual Property Rights
6.1 Website Content
The Website and its original content, features, and functionality are owned by Lotus Computers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Trademarks
All trademarks, service marks, trade names, and trade dress that may appear on the Website are the property of their respective owners.
6.3 License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:
- Modifying or copying the materials
- Using the materials for any commercial purpose
- Attempting to decompile or reverse engineer any software contained on the Website
- Removing any copyright or other proprietary notations from the materials
- Transferring the materials to another person or “mirroring” the materials on any other server
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.
7. User Content
7.1 Submission of Content
When you submit, post, or display content on our Website (such as product reviews or forum posts), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
7.2 Responsibility for Content
- You are solely responsible for any content you submit to the Website. You represent and warrant that:
- You own or have the necessary rights to the content you provide
- The content is accurate and not misleading
- The content does not violate these Terms, applicable laws, or the rights of any third party
7.3 Monitoring Content
We have the right, but not the obligation, to monitor and edit or remove any content provided by users. We also reserve the right to take any action we deem appropriate if we believe user content violates these Terms or may create liability for us.
8. Limitation of Liability
8.1 Disclaimer
To the maximum extent permitted by law, we provide the Website and services “as is” and “as available,” without any representation or warranty of any kind, whether express, implied, or statutory.
8.2 Limitation of Liability
To the maximum extent permitted by law, in no event shall Lotus Computers, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
8.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless Lotus Computers, its directors, employees, partners, agents, suppliers, and affiliates 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 or your use of the Website.
10. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Lotus Computers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
11. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the arbitration rules of the Australian Centre for International Commercial Arbitration, which rules are deemed to be incorporated by reference into this clause.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15. Entire Agreement
These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
16. Contact Us
If you have any questions about these Terms, please contact us: