Terms & Conditions
This page sets out the terms on which you may use and access our Website, and purchasing items or services from us.
- Acceptance of Terms and Conditions
1.1 You agree to these Terms and Conditions in full by using our Website or placing an Order.
1.2 You must not use our Website, or place an Order, if you do not accept these Terms and Conditions.
1.3 Each Order you place will be a separate binding agreement between you and us with respect to the supply of goods or services specified in such Order, incorporating the terms of these Terms and Conditions.
- Acceptable Use of Website
2.1 We grant you a non-exclusive, non-transferable, revocable, limited licence to:
(a) view and use information accessible from the Website; and
(b) purchase goods or services from the Website.
2.2 You must not:
(a) cause damage or interfere with accessibility to the Website;
(b) use it in connection with illegal, fraudulent or harmful purposes or activities;
(c) store, transmit or distribute Malicious Computer Program; or
(d) conduct any systematic or automated data collection activities.
- Website Intellectual Property
3.1 We own or are licensed to use all Intellectual Property in the Website.
3.2 You may only view and download Content on the Website for caching purposes and print a single copy of Content for personal use.
3.3 You must not:
(a) republish any Content from our Website;
(b) present any Content in public;
(c) reproduce or exploit any Content on our Website for commercial purpose;
(d) edit or otherwise modify any Content on our Website; or
(e) redistribute any Content from our Website unless we expressly permitted redistribution.
- Website Registration
4.1 You must become a registered user or a member to access certain services in our Website.
4.2 You warrant that you will:
(a) provide true and accurate information;
(b) not create accounts with false information;
(c) not transfer your account to someone else or allow someone else to share your account;
(d) at your sole responsibility, keep your username and password safe; and
(e) agree to be bound by such other terms and conditions as we may specify for registration or membership.
4.3 We may suspend or terminate your registration or membership if at our discretion:
(a) you breach any of these Terms and Conditions; or
(b) you breach Terms and Conditions for Posting or make an inappropriate comment.
- Website Posts
5.1 Should the Website allow, you may upload Posts on the Website subject to this clause.
Intellectual Property Rights
5.2 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence (IP Licence) to use any Intellectual Property in Post, including rights to:
(a) copy, reformat, edit or translate;
(b) publicly perform or present;
(c) distribute for any purpose including for commercial or advertising purpose; and
(d) incorporate in our Website or any other works.
5.3 The IP Licence in relation to a Post ends when you delete that Post but you understand that even if you delete Post, we may still keep back-ups for a reasonable period of time.
5.4 You must not upload any Post that:
(a) is unlawful or promotes illegal behaviour;
(b) is harmful, threatening, abusive or harassing;
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a sexual manner;
(e) is defamatory or libellous;
(f) relates to gambling;
(g) relates to alcohol;
(h) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
(i) is false, misleading or fraudulent;
(j) consists of Malicious Computer Program;
(k) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
(l) violates or encourages violation of these terms and conditions;
(m) infringes or violates another’s rights including copyrights or Intellectual Property Rights;
(n) invades another’s privacy;
(o) includes photograph or image of another person or another person’s property without their consent;
(p) reveals anyone’s identification documents or sensitive financial information;
(q) is posted to disrupt the operation of the Website and its related services; and
(r) advertises any company or their goods or services other than us.
Warranties in Relation to Posts
5.5 By uploading Posts on our Website, you warrant that:
(a) you have the right and authority to provide the Post in the manner it is posted;
(b) you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
(c) the Content is not prohibited content under clause 5.4.
Monitoring of Website
5.6 We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your, or any other person’s, Posts.
5.7 We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
- Third Party Websites
6.1 In this clause:
(a) Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
(b) Third Party Website means a website operated by a third party.
6.2 We do not verify, endorse or approve any Third Party Material.
6.3 We provide no warranty or representation about Third Party Material:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
(b) as to whether they infringe any Intellectual Property Rights.
6.4 We are not responsible for:
(a) any offers, statements or representations that are made on behalf of a Third Party Website; or
(b) Malicious Computer Program from Third Party Websites.
(c) We may receive payments from a Third Party Website in relation to goods or services supplied by them as a result of you linking to the Third Party Website from our Website.
- No Warranty as to Website
7.1 The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
(a) the availability of the Website and its associated services at the time you wish to use it;
(b) merchantability, fitness for a particular purpose and non-infringement;
(c) accuracy or validity of information and Content on the Website; and
(d) whether Content is free from Malicious Computer Program.
7.2 No Content on the Website constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
- Cookies Policy
8.1 You agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.
8.2 You may disable cookies on your browser if you do not agree to the Cookies Policy.
8.3 You agree that we may use, including but not limited to, following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies; and
(d) flash cookies.
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website is used;
(c) remember settings that you use for our Website;
(d) identify and show that you are logged into the Website;
(e) link to social networks like Facebook and Twitter;
(f) provide more suitable ads tailored to you.
- Order Placement
10.1 You may place an Order to buy goods or services from us by submitting the Order form on our Website.
10.2 When you place an Order you make an offer to buy the goods and services specified in such Order, and we may accept or reject an Order at our discretion.
10.3 You warrant the information provided is correct, accurate and timely when you submit an Order for goods and services.
10.4 Your Order is not accepted merely because:
(a) you received a notice that we acknowledged your Order;
(b) you received a request to confirm your identity or other details; or
(c) payment has been charged to your credit card.
10.5 We will:
(a) if your Order is accepted:
(i) notify you by email that it is accepted; and
(ii) dispatch the Goods; or
(b) if your Order is rejected:
(i) notify you by email that it is rejected; and
(ii) refund the Purchase Price to the credit card that you paid with.
11.1 Prices may change from time to time and the price for the goods or services that we provide will be listed on our Website.
11.2 All prices, unless otherwise stated on our Website, are quoted as being exclusive of GST.
11.3 You must pay us the Purchase Price upon the placement of your Order, or as otherwise permitted by us.
11.4 If we accept payment by credit card for a particular Order, and you pay by credit card, you warrant that your credit card details are true and correct and that you are authorised to charge the relevant credit card.
11.5 All prices are in Australian Dollar ($AUD) unless otherwise indicated.
11.6 You agree to indemnify us from and against any loss or damage we suffer in connection with a breach of warranty in sub-clause 11.4.
12.1 All credit card transactions are implemented under industry standard Secure Sockets Layer (SSL) protocol with 128-bit encryption.
12.2 For credit card transactions we use a third party processor (e.g. PayPal) and/or payment gateway (e.g. Fat Zebra or eWay) that we may change from time to time so that:
(a) payments are processed in real time; and
(b) we do not have access to your credit card numbers.
12.3 We use database management systems to store any personal information we collect and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
- Variation or Cancellation of Orders
13.1 You may request to vary or cancel your Order and we may accept or reject your request at our absolute discretion.
13.2 We cannot vary or cancel any Order where the goods have already been dispatched, or services already performed.
13.3 We cannot consolidate your consecutive or separate Orders into one and delivery fees (as applicable) will apply to each Order.
13.4 If we accept your variation request:
(a) you will pay costs we incur in varying your request including administrative costs;
(b) we are not responsible for any delay in supplying the goods or services caused by your variation request; and
(c) we may cease manufacture and/or supply of the goods or services at our absolute discretion, until any variation request is resolved.
13.5 If we accept your cancellation request:
(a) you will pay any costs we incur in cancelling your request including administrative costs;
(b) we will refund amount equivalent to Purchase Price less the costs incurred in paragraph (a).
- Accuracy of Description
14.1 You acknowledge and agree that:
(a) all pictures and images of goods possibly displayed on our Website are for illustration purposes only, and the sizes and dimensions of the goods, may differ from the pictures in real life; and
(b) you have read all descriptions about the goods or services prior to submitting your Order.
14.2 You also acknowledge and agree that there may be technical or administrative errors in information including but not limited to the description, pricing and availability of goods or services.
14.3 We may correct any errors on our Website and if you placed an Order for goods or services that had errors, we may at our discretion:
(a) inform you of the errors for you to re-submit your Order; or
(b) reject your Order and refund the full amount of payment you made.
- Shipping and Delivery
15.1 We will use reasonable endeavours to ensure:
(a) the goods are dispatched to you; or
(b) perform the services;
so that you may receive the goods, or the services are completed, on or around the Expected Delivery Date.
15.2 We do not guarantee that goods will be delivered to you, or that services will be provided, by the Expected Delivery Date.
15.3 We are not liable for any failure to deliver or delay in delivery beyond our reasonable control.
15.4 To the full extent permitted by law, you release us and our employees, agents and subcontractors from any Liability arising from delivery of the goods or performance of the services after the Expected Delivery Date.
- Refund and Exchange
16.1 We only provide a refund:
(a) for breach of express warranties we provided in regards to the goods or services; and
(b) when there is a violation of any other warranties or rights you have under any legislation.
16.2 To request a refund you must:
(a) show your receipt or proof of purchase;
(b) return the goods in the same condition as they were purchased at your expense; and
(c) provide us with information regarding the reason for return.
16.3 All refunds for credit cards are made only to the credit card that was used in the Order.
16.4 To the fullest extent permitted under the law, we do not accept or provide refunds for an Order except in accordance with this clause.
16.5 We will not provide a refund for any goods or material supplied to you electronically that is capable of being copied or reproduced.
16.6 If you request a refund in relation to goods, you represent and warrant that you have not, under any circumstances, copied or reproduced any such goods, or any part thereof, in any format whatsoever.
- Damaged Goods
No Damage Assumed
17.1 To the full extent permitted by law, goods are deemed to have been delivered to you and received by you, free from any damage.
Notification of Damage
17.2 When you receive goods, you must immediately inspect the goods and notify us within 5 days, by email, of any damage to the goods (including photos of any alleged damage).
Damage Caused by Us
17.3 We will replace the goods and send replacement goods to you at our expense, if any damage was caused by us.
Damage Caused by You
17.4 You are responsible for any damage to the goods caused by you (including by any act or omission) for any reason, including:
(a) using the goods contrary to our instructions or directions;
(b) modifying the goods; or
(c) using the goods for an unintended purpose.
- Intellectual Property in Goods and Services
18.1 To the extent permitted by law, we retain all Intellectual Property and Intellectual Property Rights, including any copyright, in any goods or services we provide to you.
18.2 You may only use the goods and services provided by us for personal use, and for the purpose and in the manner such goods and services are intended or as directed by us.
18.3 You must not, unless we permit or direct otherwise:
(a) republish, reproduce or copy any of the goods or services provided to you;
(b) present the content of any goods in public;
(c) reproduce or exploit any goods for commercial purpose;
(d) edit or otherwise modify any content in such goods on our Website; or
(e) redistribute any goods unless we expressly permitted redistribution.
- Warranties and Guarantees
19.1 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express of implied) not otherwise specified in these terms.
19.2 These Terms and Conditions include, by implication, only those warranties, conditions and terms that:
(a) law or legislation implies into these Terms and Conditions; and
(b) law or legislation prohibits the parties from modifying, excluding or contracting away.
- Limitation of Liability
20.1 In this clause, a Covered Party means:
(a) us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
(b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
20.2 To the maximum extent permitted by law, a Covered Party is not liable for liability arising out of or related to, in relation to the Website:
(a) content provided to you for free-of-charge;
(b) inaccuracy, errors or omissions with Content;
(c) unavailability or interruption of usage of our Website and its services;
(d) any delay or failure in performance beyond the reasonable control of a covered party; and
(e) loss of data.
20.3 To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential Liability (including legal fees whatsoever.
20.4 To the fullest extent permitted by law, we are not liable for any consequences resulting from your provision of false, fraudulent or incorrect information in order to obtain the goods or services.
20.5 To the fullest extent permitted by law, our Liability to you for the supply of goods and services is limited to the amount of the Purchase Price you have paid us in relation to such goods or services.
20.6 The exclusion of Liability in clauses 20.2 – 20.5 apply even if you expressly advise a Covered Party of the potential loss.
20.7 To the fullest extent permitted by law, our Liability for any breach of any condition, warranty or guarantee (including any condition, warranty or guarantee implied under sub-clause 19.2) is, at our discretion, limited to the lesser of:
(a) in case of goods, any one or more of the following:
(i) replacement of the goods or supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of costs of replacing the goods or acquiring equivalent goods; or
(iv) payment of costs of repairing goods; and
(b) in case of services:
(i) supply of the services again; or
(ii) payment of the cost of supplying the services again.
(c) in case of any other damages, $100.00.
20.8 Nothing in this agreement will exclude or limit our liability in respect of any:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation on the part of us; or
(c) matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
21.1 You indemnify us against all losses, Claims, Liabilities and expenses whatsoever arising out of or in connection with:
(a) your use of our Website
(b) you supplying goods or services to a third party, including any goods or services we supply to you;
(c) your use of any goods or services we supply contrary to any of our instructions or directions; and
(d) a breach of these Terms and Conditions by you or your employees, agents or subcontractors whatsoever.
- No Waiver
22.1 A Party waives a right under these Terms and Conditions only by giving written notice that it waives that right.
22.2 A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past instances).
22.3 A right is not impaired or waived by:
(a) a failure to exercise that right;
(b) a delay in exercising that right;
(c) a partial exercise of that right;
(d) a previous exercise of that right; or
(e) negotiations between the Parties.
23.1 These Terms and Conditions are governed by the laws of the Australian Capital Territory.
23.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory
23.3 No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
24.1 If all of any part of any provision of these Terms and Conditions is invalid or unenforceable, then:
(a) that provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and
(b) the remaining provisions of these Terms and Conditions remain valid and enforceable.
25.1 These Terms and Conditions terminate, with respect to the Website, if we cease to operate the Website.
25.2 These Terms and Conditions terminate, or end, with respect to Orders for goods or services when:
(a) the Order is cancelled (and such cancellation is accepted by us); or
(b) the Order is completed.
- Survival of Certain Terms
26.1 The terms of these Terms and Conditions which are capable of having effect after these Terms and Conditions end continue to have full effect, including clauses in relation to:
(a) protection of Intellectual Property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and limitation of liability.
27.1 In these Terms and Conditions, unless the contrary intention appears:
(a) a reference to these Terms or Conditions, or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of these Terms and Conditions;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day after that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
28.1 Unless the context otherwise requires:
(a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).
(b) Business Day means a day except a Saturday or Sunday or other public holiday in the jurisdiction specified in clause 23 and/or in the State of Victoria.
(c) Claim means any claim, suit, action, demand, or right.
(d) Consequential Loss includes all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
(e) Content means any material on the Website as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(f) Expected Delivery Date means the expected delivery date stated in the Order, or as we notify you from time to time.
(g) FCAI means the Federal Chamber of Automotive Industries Limited (ABN 53 008 550 347).
(h) GST has the meaning given in the GST Act.
(i) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(j) Intellectual Property means all existing or future species of industrial and intellectual property, whether registered or unregistered, registrable or not:
(i) as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention; or
(ii) recognised by any statute or any principle of law or equity,
(iii) including copyrights, patents, designs, trade marks, circuit layout rights, confidential information, trade secrets and the right to register all such intellectual or industrial property rights.
(k) Intellectual Property Rights means all rights arising from any statute, or principle of law or equity in relation to Intellectual Property.
(l) Liability means responsibility for any loss (either direct or indirect), damage, or expense and includes liability for Consequential Loss.
(m) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(n) Order means the order form (including but not limited to any electronic order form or paper order form) or email request you complete and lodge with us for the manufacture and/or supply of goods or services.
(o) Party either you or us.
(p) Parties mean both you and us.
(q) Post includes comments, images, photos, writings or any other material that you upload on our Website.
(r) Purchase Price means the total price (including freight and GST) for goods or services as specified in your Order.
(s) Terms and Conditions means these Side by Side Safety Website Terms and Conditions, as amended from time to time.
(t) We (with capitals or not) means FCAI, and the words “us” and “our” have corresponding meanings.
(u) Website means www.sidebysidesafety.com.au
(v) You (with capitals or not) means the user of this Website who places an Order with us and the words “your” and “yours” have the corresponding meaning.