Terms of Use
This website and domain name are owned and operated by Active Metal Pty Ltd ABN 89 149 856 726 (‘Active Metal’, ‘us’, ‘we’, ‘our’). A reference to ‘Active Metal’, ‘us, ‘we’ or ‘our’ in these Website Terms of Use (Terms of Use) includes Active Metal’s associated entities and related entities, successors and permitted assigns.
All references to ‘Website’ in these Terms of Use is a reference to this website and any blog, online forum or other online platform that is operated by Active Metal from time to time. These Terms of Use apply to your use of this Website and any such other blog, online forum or other platform operated by Active Metal and accessed by you from time to time.
By using the Website and in consideration of us providing you with access to the Website, you acknowledge that you have read and understood the following Terms of Use, together with our Privacy Policy, which govern your access and use of the Website. You agree to be bound by these Terms of Use.
1. Intellectual Property
1.1 All material on the Website, including, but not limited to, text, information, images, graphics, logos, designs, specifications, photographs, layouts, downloads, products and services (Content) is owned by or licensed to Active Metal. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Active Metal, or as permitted by law. Active Metal reserves all rights.
1.2 Trademarks used on the Website to describe third parties and their products are trademarks of those third parties.
2. Linking and Third Party Content
2.1 You must not link to, frame or mirror any part of the Website without Active Metal’s prior written authorisation and only to the extent of any such authorisation.
2.2 The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and/or individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Active Metal. Active Metal does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
3. Products Descriptions and Availability
3.1 In describing or detailing the products on the Website, including, but not limited to, images or photographs of products, we attempt to be as accurate as possible. However, we do not warrant that product descriptions or details or any other content of our products and services are accurate, complete, reliable, current or error-free.
3.2 The colours of the products represented on the Website are as accurate and close to the actual colour of the products sold by us, however, slight variation between the two may be unavoidable from time to time. We do not warrant that the colours of the products that are represented on the Website will be identical to the colour of the products that you receive if you order any of those products from us.
4. Sending Electronic Messages to Us
4.1 When you send us an electronic message (whether email or otherwise), unless we believe there is some legal reason to retain the content your message (or the email/machine address), or you provide us with your permission to retain that information for longer than we would otherwise retain it, we will retain that information in accordance with our Privacy Policy.
5. Your use of the Website
5.1 The Website is for your personal, non-commercial use only.
5.2 You must not:
- use the Website in breach of these Terms of Use;
- use the Website in breach of any applicable laws or regulations;
- use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- interfere with, disrupt, or create an undue burden on the Website;
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of this Website;
- use code or other devices containing any reference to this Website to direct other persons to any other webpage; or
- modify, adapt, sub-licence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
If you believe that a user has breached any of the above conditions, please contact us at your earliest convenience.
5.3 You agree that you will be personally responsible for your use of the Website and for all your communication and activity on, pursuant to, the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Use, we may, in our absolute discretion, deny you access to the Website on a temporary or permanent basis without notice to you.
5.4 You agree to indemnify and keep indemnified Active Metal and each of the officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) of Active Metal in respect of any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential (including all legal and other costs on a full indemnity basis) suffered or incurred by Active Metal or its Affiliates (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.
6. Disclaimer
6.1 By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website are hereby excluded. By accessing the Website, you agree to indemnify Active Metal for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
6.2 Your experience and the functionality of the Website may depend on the speed of your internet connection and may be affected by the medium through which you access the Website, whether this be on a computer, smartphone, tablet device etc.
7. Cookies
7.1 The Website may use ‘cookies’ as part of its interaction with your internet browser. A ‘cookie’ is a small filed placed on your computer by our web server. Cookies do not alter the operation of your computer or mobile device in any way.
7.2 We recommend that you accept cookies to make full use of the Website. If you disable cooker, you may be unable to use our website to the fullest and optimum extent.
8. Outages
8.1 Active Metal reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the Website.
9. Privacy Policy
9.1 Our Privacy Policy sets out purpose for which we collect personal information and the manner in which we use and disclose personal information. These Terms of Use are subject to Active Metal’s Privacy Policy and any information collected by us will be handled in accordance with that policy. By using the website, you agree to our Privacy Policy.
10. Limitation of Liability
10.1 In this clause, ‘Australian Consumer Law’ means the Schedule 2 of the Competition and Consumer Act 2010 (Cth) as updated and amended from time to time and any other equivalent legialation in each State or Territory.
10.2 Subject to any rights you may have under the Australian Consumer Law which cannot be lawfully excluded, to the extent permitted by law, Active Metal and its Affiliates are not liable to you or your Affiliates for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or in connection with your use of or access to the Website, the Content, Third Party Content, Third Party Websites, however so caused, whether in contract, tort (including negligence), statute or otherwise.
11. General
11.1 These terms and conditions are governed by the laws of New South Wales, Australia. This website is and will be deemed to be solely based in Australia.
11.2 Active Metal may assign the whole or any part of these Terms of Use without your prior written consent. You may not assign the whole or any part these Terms of Use.
11.3 If a provision in these Terms of Use is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part thereof is deemed deleted without affecting the validity or enforceability of the remainder of the provision or any other provision of these Terms of Use.
11.4 The Terms of Use may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes that we may have made to the Terms of Use.
11.5 These Terms of Use represent the entire understanding and agreement between Active Metal and you relating to the subject matter herein and supersede any and all prior statement, understandings, representations or agreements whether oral or written.
12. Contact
12.1 If you have any queries regarding these terms and conditions, please contact us in writing or by calling the phone number set out below:
Attention:
Address: PO Box 113, Eastwood NSW 2122
Phone number: +61 2 9648 3334
Email address: sales@activemetal.com.au