TERMS OF ACCESS TO THE WEBSITE
This Website located at www.anythingsafety.com.au (referred to in these Terms of Access as the “Website”) is owned and operated by Anything Safety Australia Pty Ltd ABN 30 327 750 951 on the World Wide Web (“WWW”).
The material on the Website is copyright © 2016 Anything Safety and/or other copyright owners.
The Website is available for you to:
1. Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part A.
2. Post comments and/or opinions or provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to post comments and/or provide opinions or provide information about your product or service you are agreeing to the terms and conditions set out below in Part B.
PART A – USE OF MATERIAL ON THE WEBSITE
1. Except for the limited use set out in para B you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) “framing” the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
4. Anything Safety reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of Anything Safety.
LINKS TO OTHER WESBITES
5. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of Anything Safety.
6. In relation to the other sites on the WWW, which are linked to the Website, Anything Safety:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Anything Safety of the linked site; and
(b) is not responsible for the material contained on those linked sites.
7. Anything Safety is making the Website available for others to publish information without assuming a duty of care to users. Anything Safety is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
8. To the full extent permitted by law Anything Safety disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
9. Anything Safety will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
10. Anything Safety does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
11. Anything Safety is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Anything Safety, its employees or independent contractors, or through any other cause.
12. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
LIMITATION OF LIABILITY
13. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law including under the Australian Consumer Law, Anything Safety’s liability for any implied warranty or condition is limited, at the choice of Anything Safety, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
USE OF INFORMATION GATHERED
14. Anything Safety and/or people authorised by it may gather and process the information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
TERMINATION OF ACCESS
15. Anything Safety may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Anything Safety has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
ALTERATION OF TERMS OF ACCESS
16. Anything Safety reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
17. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
18. This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws.
19. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of this Agreement.
PART B – TERMS AND CONDITIONS RELATING TO THE PROVIDING OF INFORMATION ABOUT YOU, YOUR OPINIONS OR YOUR PRODUCT OR SERVICE
1. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the (Fair Trading Act 2012 (Vic) and equivalent state and territory legislation) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
(f) any views or opinions of a personal nature do not represent the views or opinions of Anything Safety, its employees, contractors or agents.
LICENCE TO USE INTELLECTUAL PROPERTY
2. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the “intellectual property”) on to the Website, you are granting Anything Safety a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow Anything Safety to sub-licence others the same rights granted to Anything Safety in (a) above.
REMOVAL OF INFORMATION
3. In relation to any material and/or information included on the Website, Anything Safety may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
LIMIT OF LIABILITY
4. Anything Safety and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.
5. You will at all times indemnify and keep indemnified Anything Safety and its respective officers, employees and agents (in this para E referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
6. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
7. This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.
8. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of this Agreement.
9. We aim to dispatch your order within three working days of receipt of payment. For larger orders, custom orders and back-orders, please allow 10-14 days for delivery or as negotiated with Anything Safety Pty Ltd. Unfortunately, however, delivery dates depend on a number of factors outside of our control and we therefore can’t accept responsibility for delays. We will, however, endeavour to keep you informed at all times as to the progress of your order.
10. We currently only ship within Australia.
11. Prices are all in Australian dollars (AUD) and include the Goods and Services Tax. All freight costs will be shown on the ‘Customer Order’ as you proceed throughout the checkout process
12. Unless you instruct us otherwise, orders which are unable to be filled from in-stock items may be delivered in installments.
13. We generally ship by way of, Australia Post Express Post. However, for large orders we may elect to utilise an alternative carrier without prior notice. Additional charges will apply if you require expedited or special delivery.
14. The deposit of goods with our nominated carrier for shipment constitutes supply for the purposes of this agreement, and, as a consequence, all risk associated with the loss of, or damage to, goods in transit rests with the purchaser. Similarly, the costs of, and sole responsibility for, transit insurance rests with the purchaser.
15. Anyone at the delivery address who receives the goods shall be presumed by Anything Safety to be authorised to receive the goods.
16. If there is no one at the delivery address or no one of appropriate age to receive the order when the order is delivered, Anything Safety may retain possession of the goods and charge an additional delivery fee when attempting to redeliver the goods.
17. All costs associated with dishonoured cheques or credit card transactions are borne by the purchaser.
18. If Anything Safety make an error on your order, we will make sure your goods are resupplied and of course the additional freight will be covered by us.
19.Please ensure you let us know of any discrepancy with your order or pricing within 7 days of receipt of goods as we won’t be able to process any returns after that. All returns must be confirmed via phone on 0432 986 924 or email at firstname.lastname@example.org.
20. If you change your mind and want to return your products, please ensure Anything Safety is notified within 7 days of receipt of goods as we won’t be able to process any returns after that. All returns must be confirmed via phone on 0432 986 924 or email at email@example.com. For these sorts of returns, freight costs will have to be at your expense and a restocking fee of 20% may be charged.
21. We do require that all returns are in new or saleable condition with the packaging and seals intact.
22. All refunds will be made in the same way as original payment for the goods.