Welcome to the Access Hardware website at www.accesshardware.com.au, which is provided by Access Hardware Pty Ltd (ABN 34 006 426 820) ("Access", “we”, or “us” or “our”). These website terms and conditions of use (“Terms”) apply to your use of the website, so it is important that you read and understand them.
Your use of this website or registration of an account with us constitutes acceptance of these Terms and if you do not agree to these Terms, then you must not use this website.
Access reserves the right to change these Terms from time to time, and any updated or amended Terms will apply to your use of our website from the date on which the modified Terms are published on the site. It is your responsibility to read and understand these Terms, and to review any updated Terms when they become available.
1. Your representations
You represent and warrant to us that you will use this website only in accordance with these Terms.
2. Your account and registration
You do not need to open an account with us to use our website.
However, to access pricing information in respect of our Products and Services and to enable us to supply our Products and Services to you, you must open an online account with us by completing your registration details in the manner described on the website or as otherwise notified to you by us from time to time (“Account”)
You are responsible for all usage of your Account and the use of your Account by others or any unauthorised use. You must immediately advise us if you become aware of unauthorised use and although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer. Your user name and password for your Account are non-transferrable and must be kept confidential, and you must ensure that your registration details are true and accurate at all times.
You agree that Access may suspend, terminate and/or close your Account at any time, for any reason in our sole and absolute discretion, and without any liability to you. Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the website which is reserved for registered users.
3. Licence and restrictions on your use of this website
Access grants you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the website in accordance with these Terms and subject to the following restrictions.
You agree to use the website solely for your own personal, non-commercial use, unless otherwise approved by Access in writing, and whether or not you register for an account, you agree not to (without Access’s express written permission):
- (a) interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to other users;
- (b) use the website for any illegal purpose or in any manner that is inconsistent with these Terms;
- (c) access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
- (d) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the website;
- (e) supply any content that: (i) would cause you or Access to breach any law, regulation, rule, code or legal obligations, (ii) 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, or (iii) could infringe any person’s rights, including their intellectual property rights;
- (f) transfer or sell any information, functionality or products or services offered on the website, or represent that you are entitled to do so;
- (g) pretend that you are, or represent, someone else;
- (h) probe, scan or test a system or network to breach security or authentication measures;
- (i) track or monitor any content, user, or website functionality without our authorisation; or
- (j) impose an unreasonable load on our systems or networks.
If we believe that you have not complied with these Terms at any time, we may immediately cancel or terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
4. Your content
Nothing in these Terms affects the ownership of any words, images, information or other materials that you post or submit to the website, or otherwise provide to us (“Content”). By providing Content to us, you:
- (a) represent that any information comprising the Content is true and correct;
- (b) acknowledge that Access will rely on that information in entering into any agreement or transaction with you;
- (c) promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
- (d) you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the Access business, including by providing our Products or Services to you.
Your Content will only be made publicly available if you post it in a public place on the website.
We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.
5. Our content
Everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes the design, compilation and look and feel of this website, all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website. We also own or are licensed to use the trade marks, logos and business names and domain names used in connection with the website and Access business (unless otherwise stated), (together, Access IP)
We give you an exclusive, revocable, world-wide, royalty-free licence to access, use, and download the Access IP to the limited extent required to access and use our website, including communicating with us and using or purchasing our Products or Services, in accordance with these Terms.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Access IP in any way not expressly stated in these Terms (or otherwise allowed by law).
You acknowledge and agree that despite the Company taking reasonable precautions otherwise, Products and Services may be listed at incorrect prices or with incorrect information due to errors. If an incorrect price or incorrect information has been included in a quote or there has been a material price increase including without limitation as a result of a supplier or other circumstances from a supplier, the Company may withdraw or amend a quote. Unless withdrawn or amended by the Company earlier, the quotation is valid for 30 days from the date of the quotation.
Specifications of Products and availability of those Products as displayed on our website may change.
All illustrations, pictures and videos on this website are intended as approximate representations only and are not binding with regard to materials, finishes, designs, shades, colours and other specifications as there may be reasonable variations in respect of these.
Before placing any orders for Products with us, we recommend that you confirm availability and specifications of Products, even if you have previously ordered a particular Product.
To the fullest extent permitted by law, we accept no liability whatsoever for any loss or damage (including consequential loss or damage), directly or indirectly, arising out of or in connection with any of the above.
6. Our liability to you
We do not promise that the content on this website (or your access to it) will be uninterrupted or error‑free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
- You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)) (“Australian Consumer Law”), any other non-excludable term implied by law, this website and all of Access’s goods and services are provided on an "as is" basis without warranties of any kind, either express or implied, and Access excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services provided or advertised via the website.
- You also agree that Access and its related entities will not be liable to you in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or our Services or the provision of any other goods or services under these Terms and whether as a result of any breach, default, or negligence by Access.
- If the Australian Consumer Law applies and to the extent any liability of Access cannot be excluded, Access limits that liability, to the maximum extent permitted by law, (at our election) to:
- (a) in the case of goods, any one or more of the following:
- 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 the cost of having the goods repaired; and
- (b) in the case of services:
- i. the supplying of the services again; or
- ii. the payment of the cost of having the services supplied again.
- The maximum liability of Access to you for any matter which cannot otherwise be excluded in accordance with these Terms, is limited to the total fees paid to us by you in respect of a valid order with Access except where no fees and charges are paid by you to us, in which case Access’ liability is limited to $10.
- Notwithstanding the foregoing provisions of this clause 6, if you are an Australian consumer for the purpose of Australian Consumer Law, Access provides you with the following notice:
- 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.
- For more information about your rights as an Australian consumer please go to www.accc.gov.au.
7. Your liability to us
You are liable and solely responsible for:
- (a) any Content you submit via the website;
- (b) your breach of anyone else’s intellectual property rights;
- (c) your breach of these Terms or any applicable law; and
- (d) any claim, action, demand or proceedings instituted against Access as a result of your use of our website.
You agree to indemnify Access (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Access Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Access Parties and arising in any way from any of the matters set out in (a) – (d) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
8. Privacy & Publicity
We may use your Content (including your name) for the purposes of promoting Access and our Services without seeking any further consent or approval from you. This includes publishing your Content via our website, and by any other medium or channel.
9. Use of the site outside of Australia
Access does not represent that the contents of the website are appropriate or available for use in countries outside Australia. If you choose to access the website from outside Australia, you are responsible for compliance with foreign and local laws.
10. Change & Access
Access does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.
The website will usually be available 24 hours a day, seven days a week. Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us via email at [email protected]
- (a) These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
- (b) Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
- (c) We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made. If you do not agree to any amendments made by us to these Terms, then you must immediately cease any further use of our website.
- (d) All prices displayed on the website and referred to in these Terms are, unless otherwise indicated in context, in Australian Dollars and exclusive of GST.
- (e) Nothing in these Terms creates a relationship of employment, partnership, or joint venture between you and Access.
Please feel free to contact us via email at [email protected] if you have any questions about these Terms.
Last updated: 1/02/20018