Terms of Use
About this web site
This is a web site operated by CMO TRADING PTY LTD ACN 097 114 791 trading as ACROMAT ("Acromat") at the domain name "www.acromat.com.au" ("Acromat Web Site"). The Acromat Web Site is operated by Acromat on behalf of it and its affiliated entities and related bodies corporate, and a reference to Acromat in this document includes its affiliated entities and related bodies corporate.
Unless otherwise expressly indicated, Acromat is the owner of all intellectual property rights, including copyright, comprised in and associated with the Acromat Web Site, including the information, graphics, text and other materials contained on the Acromat Web Site ("Material"), and reserves all of its rights in respect of the Acromat Web Site and the Material. Your use of the Material and the Acromat Web Site is governed by these Terms of Use.
In addition to the terms contained in this document, there are also separate, specific terms which are incorporated into, and form part of, these Terms of Use and govern your use of, and access to, certain sections of the Acromat Web Site. These include, but are not limited to, Acromat's Privacy Policy, Shipping & Returns Policy and Conditions of Sale. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Acromat Web Site.
In the event of an inconsistency between the Conditions of Sale and any other document provided by Acromat (including these Terms of Use, the Shipping & Returns Policy and the Privacy Policy), the other document will prevail.
If you do not agree to any aspect of these Terms of Use, you should immediately discontinue your use of the Acromat Web Site, and not access it again.
Links to other web sites
The Acromat Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). Acromat does not make any representations or warranties regarding, endorse, or approve of Third Party Web Sites, their operators, or the information, graphics and material on those Third Party Web Sites ("Third Party Material"), and has no control over, or liability and/or responsibility for, Third Party Websites or Third Party Material. You understand, acknowledge and agree that you are solely responsible for accessing Third Party Websites, and that Acromat disclaims all liability to you in respect of your access or use of Third Party Web Sites and Third Party Material and any resultant consequences. Acromat therefore recommends that you carefully review the terms and conditions and policies which apply to Third Party Web Sites.
Acromat product information and supply
Material on the Acromat Web Site may contain general information about Acromat's products and services and offer you the opportunity to offer to purchase such items. Unless expressly stated otherwise, this information:
In order to place orders via the Acromat Web Site, you may be required to create an account ("Account") and select a username and password. You are solely responsible for the activity that occurs under your Account, and must keep your Account password confidential and secure. You must notify Acromat immediately if you suspect any unauthorised use of your Account username or access to your Account password. For the avoidance of doubt, you acknowledge and agree that to the extent permitted by law Acromat assumes no responsibility or liability for any expenses, losses, damages or costs sustained by you which are caused by unauthorised use of your Account. Acromat reserves the right to terminate your Account in the event of a breach of these Terms of Use, without prior notice.
Warranties
While we have made every effort to ensure that information is free from error, Acromat does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Acromat does not guarantee that the Acromat Web Site or Third Party Web Sites will be free from viruses, or that access to the Acromat Web Site or Third Party Web Sites will be uninterrupted.
Limitation of liability
Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, Acromat and its officers, agents, employees and other representatives exclude and are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) incurred by you or any third party whatsoever, arising out of or referable to Material on the Acromat Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.
The liability of Acromat and its officers, agents, employees and other representatives for a breach of any term, condition, guarantee or warranty implied by law and which cannot legally be excluded by Acromat and its officers, agents, employees and other representatives, is limited to the fullest extent possible, at Acromat's option, to:
You agree to indemnify and hold harmless Acromat and its officers, agents, employees and other representatives ("Indemnified Parties"), from and against any loss (including legal costs and expenses on a solicitor-own client basis) or liability incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any person against any of the Indemnified Parties arising from your use of the Acromat Web Site, any activity occurring under your Account, or any breach by you of these Terms of Use, including but not limited to the representations and warranties made by you, as set out in these Terms of Use.
Termination
These Terms of Use (and the agreement between the parties constituted by your access to, and use of, the information, graphics and materials on the Acromat Web Site) and/or your Account or access to the Acromat Web Site may be terminated at any time by Acromat without notice. All restrictions, licences and indemnities granted by you, and all disclaimers and limitations of liability made by Acromat will survive termination, together with the obligations of confidentiality imposed on you, however you will no longer be authorised to access the Acromat Web Site or Material.
Copyright and trade marks
Copyright in the Material on this Web Site is owned or licensed by Acromat. Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on the Acromat Web Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific, prior written consent of Acromat.
"Acromat", all associated trade marks and all other brands used on the Acromat Web Site are owned by Acromat, unless otherwise expressly indicated.
Linking to Acromat web site
You must not link to the Acromat Web Site without Acromat's prior permission. Please contact Acromat if you would like to place a link to any part of the Acromat Web Site on your website.
Acceptance and changes to Terms of Use
You acknowledge and accept that your use of the Acromat Web Site indicates your acceptance of these Terms of Use.
These are the current Terms of Use. They replace any other terms of use for the Acromat Web Site published on the Acromat Web Site to date. Acromat may at any time vary the Terms of Use by publishing the varied Terms of Use on the Acromat Web Site. You accept that by doing this, Acromat has provided you with sufficient notice of the variation and understand that your continued access and use of the Acromat Web Site after publication of any variation indicates your acceptance of the revised Terms of Use.
For the avoidance of doubt, Acromat reserves any rights not expressly granted in these Terms of Use.
Confidentiality
You must keep any confidential information of Acromat which is disclosed to you by Acromat in any form (regardless of whether or not marked confidential) confidential, and must not disclose such information to any other party except as required by law or as authorised by Acromat in writing. The obligations of confidence under this clause do not apply to any information that is in the public domain (other than through any breach of these Terms of Use) or to any information that you can prove was known to you at the time of disclosure by Acromat, free from any obligation of confidence, or information that you are required by law to disclose.
Governing Law
These Terms of Use are governed by the laws and Courts of the State of South Australia, and you expressly submit to the jurisdiction of these Courts.
Notices
Customers consent to receiving any notices or communications to which these Terms of Use refer from Acromat in electronic format, including without limitation by email or by posting on the Acromat Web Site.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Acromat regarding your access and use of the Acromat Web Site, including the purchase of products from Acromat.
Force Majeure
Notwithstanding anything else, Acromat will not be liable for any delay in or failure to comply with these Terms of Use if such delay or failure is caused by circumstances beyond Acromat's reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, internet down-time, or any act of war or terrorism.
Waiver
No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under these Terms of Use.
Action by Acromat
You acknowledge the right of Acromat to take action against you to prevent a breach of these Terms of Use and further acknowledge that damages may not be an appropriate remedy in those circumstances.
Further Actions
You agree to promptly do all things required by law or reasonably requested by Acromat to give effect to these Terms of Use.
Severance
If any provision of these Terms of Use is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.
This is a web site operated by CMO TRADING PTY LTD ACN 097 114 791 trading as ACROMAT ("Acromat") at the domain name "www.acromat.com.au" ("Acromat Web Site"). The Acromat Web Site is operated by Acromat on behalf of it and its affiliated entities and related bodies corporate, and a reference to Acromat in this document includes its affiliated entities and related bodies corporate.
Unless otherwise expressly indicated, Acromat is the owner of all intellectual property rights, including copyright, comprised in and associated with the Acromat Web Site, including the information, graphics, text and other materials contained on the Acromat Web Site ("Material"), and reserves all of its rights in respect of the Acromat Web Site and the Material. Your use of the Material and the Acromat Web Site is governed by these Terms of Use.
In addition to the terms contained in this document, there are also separate, specific terms which are incorporated into, and form part of, these Terms of Use and govern your use of, and access to, certain sections of the Acromat Web Site. These include, but are not limited to, Acromat's Privacy Policy, Shipping & Returns Policy and Conditions of Sale. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Acromat Web Site.
In the event of an inconsistency between the Conditions of Sale and any other document provided by Acromat (including these Terms of Use, the Shipping & Returns Policy and the Privacy Policy), the other document will prevail.
If you do not agree to any aspect of these Terms of Use, you should immediately discontinue your use of the Acromat Web Site, and not access it again.
Links to other web sites
The Acromat Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). Acromat does not make any representations or warranties regarding, endorse, or approve of Third Party Web Sites, their operators, or the information, graphics and material on those Third Party Web Sites ("Third Party Material"), and has no control over, or liability and/or responsibility for, Third Party Websites or Third Party Material. You understand, acknowledge and agree that you are solely responsible for accessing Third Party Websites, and that Acromat disclaims all liability to you in respect of your access or use of Third Party Web Sites and Third Party Material and any resultant consequences. Acromat therefore recommends that you carefully review the terms and conditions and policies which apply to Third Party Web Sites.
Acromat product information and supply
Material on the Acromat Web Site may contain general information about Acromat's products and services and offer you the opportunity to offer to purchase such items. Unless expressly stated otherwise, this information:
- is an invitation to treat, and does not constitute an offer or inducement to enter into a legally binding contract with you for the provision of such products or services by Acromat to you; and
- does not form part of the terms and conditions upon which Acromat may in its discretion offer its products and services to you for purchase.
In order to place orders via the Acromat Web Site, you may be required to create an account ("Account") and select a username and password. You are solely responsible for the activity that occurs under your Account, and must keep your Account password confidential and secure. You must notify Acromat immediately if you suspect any unauthorised use of your Account username or access to your Account password. For the avoidance of doubt, you acknowledge and agree that to the extent permitted by law Acromat assumes no responsibility or liability for any expenses, losses, damages or costs sustained by you which are caused by unauthorised use of your Account. Acromat reserves the right to terminate your Account in the event of a breach of these Terms of Use, without prior notice.
Warranties
While we have made every effort to ensure that information is free from error, Acromat does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Acromat does not guarantee that the Acromat Web Site or Third Party Web Sites will be free from viruses, or that access to the Acromat Web Site or Third Party Web Sites will be uninterrupted.
Limitation of liability
Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, Acromat and its officers, agents, employees and other representatives exclude and are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) incurred by you or any third party whatsoever, arising out of or referable to Material on the Acromat Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.
The liability of Acromat and its officers, agents, employees and other representatives for a breach of any term, condition, guarantee or warranty implied by law and which cannot legally be excluded by Acromat and its officers, agents, employees and other representatives, is limited to the fullest extent possible, at Acromat's option, to:
- in the case of goods - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
- in the case of services - the supply of the services again or payment of the cost of having the services supplied again.
You agree to indemnify and hold harmless Acromat and its officers, agents, employees and other representatives ("Indemnified Parties"), from and against any loss (including legal costs and expenses on a solicitor-own client basis) or liability incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any person against any of the Indemnified Parties arising from your use of the Acromat Web Site, any activity occurring under your Account, or any breach by you of these Terms of Use, including but not limited to the representations and warranties made by you, as set out in these Terms of Use.
Termination
These Terms of Use (and the agreement between the parties constituted by your access to, and use of, the information, graphics and materials on the Acromat Web Site) and/or your Account or access to the Acromat Web Site may be terminated at any time by Acromat without notice. All restrictions, licences and indemnities granted by you, and all disclaimers and limitations of liability made by Acromat will survive termination, together with the obligations of confidentiality imposed on you, however you will no longer be authorised to access the Acromat Web Site or Material.
Copyright and trade marks
Copyright in the Material on this Web Site is owned or licensed by Acromat. Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on the Acromat Web Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific, prior written consent of Acromat.
"Acromat", all associated trade marks and all other brands used on the Acromat Web Site are owned by Acromat, unless otherwise expressly indicated.
Linking to Acromat web site
You must not link to the Acromat Web Site without Acromat's prior permission. Please contact Acromat if you would like to place a link to any part of the Acromat Web Site on your website.
Acceptance and changes to Terms of Use
You acknowledge and accept that your use of the Acromat Web Site indicates your acceptance of these Terms of Use.
These are the current Terms of Use. They replace any other terms of use for the Acromat Web Site published on the Acromat Web Site to date. Acromat may at any time vary the Terms of Use by publishing the varied Terms of Use on the Acromat Web Site. You accept that by doing this, Acromat has provided you with sufficient notice of the variation and understand that your continued access and use of the Acromat Web Site after publication of any variation indicates your acceptance of the revised Terms of Use.
For the avoidance of doubt, Acromat reserves any rights not expressly granted in these Terms of Use.
Confidentiality
You must keep any confidential information of Acromat which is disclosed to you by Acromat in any form (regardless of whether or not marked confidential) confidential, and must not disclose such information to any other party except as required by law or as authorised by Acromat in writing. The obligations of confidence under this clause do not apply to any information that is in the public domain (other than through any breach of these Terms of Use) or to any information that you can prove was known to you at the time of disclosure by Acromat, free from any obligation of confidence, or information that you are required by law to disclose.
Governing Law
These Terms of Use are governed by the laws and Courts of the State of South Australia, and you expressly submit to the jurisdiction of these Courts.
Notices
Customers consent to receiving any notices or communications to which these Terms of Use refer from Acromat in electronic format, including without limitation by email or by posting on the Acromat Web Site.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Acromat regarding your access and use of the Acromat Web Site, including the purchase of products from Acromat.
Force Majeure
Notwithstanding anything else, Acromat will not be liable for any delay in or failure to comply with these Terms of Use if such delay or failure is caused by circumstances beyond Acromat's reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, internet down-time, or any act of war or terrorism.
Waiver
No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under these Terms of Use.
Action by Acromat
You acknowledge the right of Acromat to take action against you to prevent a breach of these Terms of Use and further acknowledge that damages may not be an appropriate remedy in those circumstances.
Further Actions
You agree to promptly do all things required by law or reasonably requested by Acromat to give effect to these Terms of Use.
Severance
If any provision of these Terms of Use is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.