General Terms and Definitions
- Welcome to www.slatme.com.au (the ‘Website’).
- The Website is operated by SlatMe Pty Ltd (“the Seller’) ACN 630 984 388, of 155 Varsity Parade, Varsity Lakes QLD 4227 with telephone 1300 752 863.
- The purpose of the Website is to provide you with an opportunity to view and purchase various products that have been listed for sale by SlatMe Pty Ltd (“Products”, the “Product”); and to obtain related information for the purposes of making a purchase decision.
- Any references to the Website Content (“the Content) refers to any information, text, editorials, symbol, logo, image, video, audio, document, file, process or other data on the Website.
- If any clause or term in this document is found to be invalid, illegal or unenforceable by a relevant Court of law, that part shall be severed and the validity, legality and enforceability of the remaining Terms will remain in force and will not in any way be affected or impaired.
Acceptance of the Terms
- Access to and use of the Website is subject to the terms and conditions contained in this document (the ‘Terms’).
- The Seller reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
- Accessing the Website signifies that you have read, understood and agree to be legally bound by the Terms.
- Completing a purchase through the Website signifies that you have read, understood and agree to be legally bound by the Terms.
- If you do not agree with the Terms, you must not access or use the Website.
- You may not use the Website and may not accept the Terms if you are not of legal age to form a binding contract with the Seller.
Your Obligations as a Website User
- As a website user, you understand and agree:
- to use the Website only for purposes that it is intended to be used for;
- to not use the Website for any illegal and/or unauthorised use which includes unauthorised framing of or linking to the Website; and any use of the Website that is fraudulent, breaches any laws or regulations, or infringes upon a third party’s legal rights;
- to use the Website Content only for the purposes of making a purchase decision;
- to not use the Content for any commercial purpose;
- to not tamper with, hinder the operation of, or make unauthorised modifications to this Site.
- to not post, or transmit to or via the Site any viruses, malicious code, other forms of interference (such as worms or Trojan horses), other disabling features or anything else that may cause damage to us or a third party.
- that any copying or reproduction of the Website, the Content or any part thereof is strictly prohibited.
- to the extent permitted by law, to release us from any direct or indirect loss, damage, claim or expense which may be suffered by you arising from:
- your use of the Website; or
- the inaccessibility of the Website; or
- your use of or reliance on any Content on the Website; or
- the inaccuracy or incompleteness of any Content on the Website;
- and you agree to us pleading this release as a complete defence to any proceedings connected with these matters.
to the extent permitted by law, to discharge, indemnify and hold harmless the Seller and its officers, employees, agents and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of, or in any way connected to, your use of the Website. This includes access to or use of the Website by someone using your identifying information to access the Website.
- As a website user, you understand and agree:
Copyright and Intellectual Property
- The Content displayed on this website, including, without limitation, all Products, text, editorial materials, information, photographs, illustrations, artwork and other graphic materials, designs, patents, the business name, trading name, domain name, and any other names, logos and trade marks, are protected by copyright, trade mark and other intellectual property laws.
- Unless otherwise indicated, all rights, title and interest in and to the Website and the Website Content are owned, controlled and reserved by the Seller or its contributors.
- You may not, without the prior written permission of the Seller and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change the Content in any way for any purpose.
Collection of Personal Information
- In order to purchase product(s) through the Website, you will be required to provide personal information about yourself (such as identification or contact details), including:
- Full Name
- Email Address
- Mailing Address
- Telephone Number
- In order to register for the SlatMe Card Crew Program through the Website, you will be required to provide personal information about yourself and your business, including:
- Company Name
- Company ABN
- Company Type
- Contact Phone Number
- Email Address
- Mailing Address
- Bank Account Details
- You warrant that any information you give to the Seller in the course of using the Website will always be accurate, true and up to date.
- You agree to not use any other person’s personal information to access the Website.
Purchase of Products, Cancellations and Refunds
- The Seller will make every effort to ensure Products are accurately depicted on the Website, however, you acknowledge that colours, packaging, and minor components may differ from what is displayed on the Website.
- In using the Website to purchase a Product, you agree that you have read and understood all of the information related to the Product that is available on the Website, and that, based on that information, you have determined that the Product is suitable for your own specific needs.
- In using the Website to purchase Products, you will agree to the payment of the purchase price listed on the Website for the product at the time of purchase (the ‘Purchase Price’).
- Products purchased via the Website are covered by SlatMe Pty Ltd’s Warranty Policy, which is available on the Website.
- To the extent permitted under Australian Consumer Law, the Seller does not offer any refund if you change your mind, including, but not limited to, if you change your mind about the style, colour or size of the product that you order; or if you find the same product cheaper elsewhere.
- To the extent permitted under Australian Consumer Law, the Seller does not offer any refund if you purchase a Product that is inappropriate for your specific needs.
- No order may be cancelled without the written consent of the Company, which will only be provided under rare and exceptional circumstances.
Application of Consumer Laws
- Nothing in the Terms is intended to have the effect of contracting out of any applicable provision of the Australian Consumer Law, except to the extent permitted by those Acts where applicable.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonable 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.
Limitation of Liability
- Use of the Website is at your own risk. The Seller does not give any representation or warranty of any kind (whether express, implied, statutory or otherwise) in relation to the availability, accuracy, currency, completeness, quality, reliability, merchantability, or suitability for any purpose of the Site and the Content, or that the Site will be free from defects, viruses, third party interception or other security threats or vulnerabilities including those which could cause loss or damage to you.
- The Seller is not responsible or liable in any manner for any site content posted on the Website or in connection with the Website, including any Content posted or caused by third parties or users of the Website.
- The Seller’s total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you or where you have not paid the Purchase Price, then the total liability of SlatMe Pty Ltd is the resupply of information or Purchase Services to you.
- You expressly understand and agree that SlatMe Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless clause 9 has been complied with (except where urgent interlocutory relief is sought).
- Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held via teleconference or on Gold Coast in Queensland, Australia.
- Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation: If 90 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction: The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.