For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on:
Tel: 1300 859 997
Fax: (02) 9684 0099
Postal Address: Po Box 244, Rydalmere NSW 1701
1. Licence to use Site
1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 Upon receiving your request to open an account, we will provide you with a unique member login password which will allow you to access secure areas of the Site. You must not disclose your unique password to any third party other than an employee of yours whom you authorise to place orders on your behalf. You must inform us immediately if your password has been disclosed in any manner other than in accordance with these Terms. You will be responsible for all activity including purchasers by any person who accesses the Site using your password.
1.3 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal use.
1.4 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. We own the copyright in all information, text, material, graphics and software on the Site. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site in Australia and worldwide. Content on the Site may not be copied (subject to clause 1.3), modified, reproduced, republished, uploaded to a third party or distributed in any way other than as expressly authorised in writing by us.
2.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
2.6 You are not authorised to disclose to any third party any information pertaining to us, including but not limited to customer account information, and pricing information, and your password, which you agree and acknowledge constitute confidential information which is our property.
3. Third Party Site Content
3.1 The Site contains links to other websites as well as content added by people other than us. The content added by other people or entities (known as third parties) includes, but is not limited to:
(i) Product information;
(iii) Current news posts.
3.2 Where product information is available on the Site, you acknowledge that that information has been provided to us for placement on the Site by the relevant manufacturer and/or suppliers or third party Vendors. The information is provided for your convenience only and we do not warrant that the information is correct or true or accurate. You should contact the third party directly to confirm specifications and descriptions prior to placing any purchase order on the Site.
3.3 The Site may contain links to other websites operated and generated by third parties. We do not control, endorse, sponsor or approve any such content available on any linked website. You link to any other website from the Site at your own risk.
3.4 The Site may contain third party advertisements, which may include links to the advertiser’s website. We do not recommend, endorse, sponsor or approve any products or services advertised on the Site, nor any content available on any linked website. You should refer t o the advertiser for all information regarding the products or services being offered. Where you accept a special offer advertised on the Site by a third party advertiser, you enter into an arrangement with the third party advertiser and not with us, the third party advertiser, and not us, are solely responsible to you for any goods or services purchased from a third party advertiser.
4.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.4.
5.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
5.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
5.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
5.4 We will not accept any liability for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result for any use or access to, or the inability to access, the Site.
6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
6.2 We may otherwise terminate this agreement and your use of the Site without notice to you.
6.3 In the event of termination for any reason, clause 4 shall not merge and will survive.
7. Using the Site to Purchase Goods
7.1 In our absolute discretion, we will provide you with a password to access the Site, pursuant to clause 1.2 above.
7.2 Notwithstanding any other term or condition, all and any orders placed by you using the Site are subject to our acceptance, which will be confirmed by either fax, phone or email to you directly. You authorise us to correspond with you regarding any order, matter generally, payment and or credit status via the contact details you have provided to us.
7.3 In deciding whether or not to accept or fulfill an order placed by you on the Site, we will consider, among other things, your account with us, and whether you have any amounts outstanding to us, or have ever paid us outside of our terms.
7.4 You may only cancel an order within 30 minutes of submitting it on the Site. You must notify us of your cancellation within 30 minutes by 1300 882 852. After 30 minutes from the time the order is submitted, you may not cancel the order, which we will deliver and you will pay for.
7.5 Our Returns/Refund policy applies to all transactions, orders and items purchased using the Site.
8.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
8.2 These Terms, together with our policy on Refunds/Returns, embody the entire agreement between you and us in respect of your access to and use of the Site.
8.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.4 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.5 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.