Terms and Conditions
These Terms and Conditions govern your use of our Website located at http://www.shortcrust.net form a binding contractual agreement between you, the user of the Website and us, Wilkinson Projects Pty Ltd ACN 161 135 280.
This website (referred to in these Terms and Conditions as the Website) is owned and operated by Wilkinson Projects Pty Ltd ACN 161 135 280 on the internet.
The material on the Website is copyright © 2013 Wilkinson Projects Pty Ltd ACN 161 135 280 and/or other copyright owners.
Wilkinson Projects Pty Ltd is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com
For that reason these Terms and Conditions are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us on firstname.lastname@example.org.
By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and Conditions and you agree to be bound by them. If you do not agree to these Terms and Conditions, please do not use the Website.
1. Licence to use Website
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms and Conditions.
1.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
1.3 You must not add any content to the Website:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that 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;
(d) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Use of material on the Website
2.1 Except for the limited use set out in para 2.2 you may not use the Website, or the material contained on it, for any purpose. This involves:
(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading and/or reposting the material to any other site on the internet;
(v) “framing” the material on the Website with other material on any other website.
(a) The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.
2.2 Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
(a) You may not modify or copy:
(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.
(b) The Owner reserves all intellectual property rights, including, but not limited to, copyright in material, services and/or Goods provided by it. The material, services and/or Goods provided on or through the Website is provided for personal use only and may not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media,
without the prior written consent of the Owner.
2.3 Links to other Websites
(a) The Website contains links to sites on the internet owned and operated by third parties and which are not under the control of the Owner.
(b) In relation to the other sites on the internet, which are linked to the Website, the Owner:
(i) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
(ii) is not responsible for the material contained on those linked sites.
2.4 Disclaimer 1
(a) The Owner is making the Website available without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the internet.
(b) To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(c) The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
2.5 Disclaimer 2
(a) The Owner does not warrant guarantee or make any representation that:
(i) the Website, or the server that makes the site available on the internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.
(b) The Owner is not liable to you for:
(i) errors or omissions in the Website, or linked sites on the internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
2.6 Limitation of liability
(a) Clause 2.4 (disclaimer 1) and/or clause 2.5 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
(i) this sub-clause applies in respect of any of the Goods or services supplied under these Terms and Conditions or by the Owner which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
(ii) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51 -53 of that Law, is limited:
(A) in the case of Goods, to any one of the following as determined by the Licensor:
(1) the replacement of the Goods or the supply of equivalent Goods; or
(2) the repair of the Goods: or
(3) the payment of the cost of replacing the Goods or of acquiring equivalent Goods: or
(4) the payment of the cost of having the Goods repaired;
(B) in the case of services, to any one of the following as determined by the Owner:
(1) the supplying of the services again; or
(2) the payment of the cost of having the services supplied again.
2.7 Use of information gathered
(a) The Owner and/or people authorised by it may gather and process the information:
(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
(b) The Owner may authorise others to offer you Goods and services using the information acquired through para (a).
2.8 Termination of access
The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
2.9 Alteration of Terms and Conditions
The Owner reserves the right to change these Terms and Conditions:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
2.10 Relevant jurisdiction
(a) If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms and Conditions will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms and Conditions.
3. Terms and conditions relating to the providing of information about your product or service
3.1 Uploading information
You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious or injurious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1999 (VIC) or equivalent state or territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
3.2 Licence to use intellectual property
(a) By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to the Website, you are granting the Owner a perpetual, irrevocable, transferrable, non-exclusive and payment-free licence throughout the world to:
(i) reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
(ii) allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
(b) Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and the Owner, the Owners own all intellectual property rights in the Website.
3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.4 The licence in clause 3.2 will survive any termination of these Terms and Conditions.
3.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 3.2.
3.6 Removal of information
In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the internet, at any time without giving any explanation or justification for removing the material and/or information.
3.7 Limit of liability
The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(a) in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and
(b) as a consequence of removing any material and/or information from this Website.
You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms and Conditions by you; and
(b) publication of or distribution of the material and/or information supplied by you.
4. Sale of Goods and/or Services
4.1 All Goods and/or services and all other products sold by Seller through the Website are sold on the terms and conditions contained in this clause and these Terms and Conditions.
4.2 In this clause:
(a) “Seller” means Wilkinson Projects Pty Ltd ACN 161 135 280 which is the Seller of the Goods.
(b) “Buyer” means the purchaser of the Goods, or you.
(c) “Goods” means the products and, if any, services provided by the Seller.
(d) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974 and the Competition and Consumer Law 2010) and which by law cannot be excluded, restricted or modified.
4.3 You acknowledge that:
(a) You are entering into a contract with the Seller and you are not entering into a contract with any employee, agent, servant or officeholder (Director or Secretary)of the Seller.
(b) There have been no representations or warranties made or given by any employee, agents, servant or officeholder (Director or Secretary) of the Seller.
(c) prior to entering into this agreement or purchasing any Goods or services you have been given a reasonable opportunity to examine and satisfy yourself regarding all Goods and services which are the subject of this agreement and that prior to entering into this agreement you have availed yourself of that opportunity;
(d) at no time prior to entering into this agreement have your relied on the skill or judgment of the Owner and that it would be unreasonable for you to rely on any such skill or judgment; and
(e) where any acquisition of Goods under this agreement has been made by reference to a sample or demonstration model, prior to entering into this agreement you have been given a reasonable opportunity:
(i) to satisfy yourself that the Goods correspond with the sample or demonstration model as to quality, state and condition; and
(ii) to examine the sample or demonstration model for any apparent defects, and that you have availed yourself of that opportunity.
4.4 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
4.5 The cost of any special packing and packing materials used in relation to the Goods are at the Buyer’s expense notwithstanding that such cost may have been omitted from any quotation or price displayed on the Website..
4.6 All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.
4.7 The descriptions, illustrations and performances contained on the Website or in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.
4.8 Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
4.9 The delivery times made known to the Buyer are estimates only and the Seller is not be liable for late delivery or non-delivery.
4.10 The Seller is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods.
4.11 The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.
4.12 If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
(a) it is not a repudiation of the contract of sale formed by these conditions; and
(b) the defective instalment is a severable breach that gives rise only to a claim for compensation.
4.13 The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
4.14 The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer:
(a) has notified the Seller and the carriers in writing immediately after loss or damage is discovered on receipt of Goods; and
(b) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the Goods.
4.15 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller’s negligence or in any way whatsoever.
4.16 The Seller’s liability for a breach of a condition or warranty implied by Pt 3–2 Div 1 of the Australian Consumer Law is limited 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;
(iv) the payment of the cost of having the Goods repaired.
(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.
4.17 The Seller’s liability under s 274 of the Australian Consumer Law is expressly limited to a liability to pay to the purchaser an amount equal to:
(a) the cost of replacing the Goods;
(b) the cost of obtaining equivalent Goods; or
(c) the cost of having the Goods repaired, whichever is the lowest amount.
4.18 Unless otherwise stated all prices quoted on the Website by Seller are net, exclusive of Goods and Services Tax (GST).
4.19 Prices quoted on the Website are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production ruling on the date is made.
4.20 If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer’s account.
4.21 The Buyer agrees and acknowledges that the Seller is not liable for and customs charges, duties, taxes, tariffs, or other charges imposed by the customs or border protection services of the country of the Buyers shipping address.
4.22 The Buyer indemnifies and will keep indemnified the Seller for any and all customs charges, duties, taxes, tariffs or other charges imposed by the customs or border protection services of the country of the Buyers shipping address.
4.23 The purchase price in relation to Goods is payable net and payment of the price of the Goods plus GST must be made prior to the shipping of the Goods.
4.24 Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk as regards loss or damage caused to the property or by it.
4.25 The Seller reserves the right to make a reasonable charge for storage if accurate and proper delivery instructions are not provided by the Buyer. The Buyer agrees and acknowledges that the Seller may charge for storage if the delivery instructions provided by the Buyer are not accurate or proper.
4.26 The Seller is not be under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case. If the Seller agrees to accept returned Goods from the Buyer under the Buyer must return the Goods to the Seller at the Seller’s nominated return address which will be provided to the Buyer upon the Seller authorising a request for a return or Goods.
4.27 All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the Buyer.
4.28 No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
4.29 The contract for sale of the Goods is made in Victoria, Australia.
4.30 The parties submit all disputes arising between them to the courts of the state of Victoria Australia.
We, Us, Our means Wilkinson Projects Pty Ltd
1 Our attitude to privacy
2 Information Collection
2.1 We will collect personal information from you while you use the website if you input personal information into the website. We or our third party service providers may collect cookies from your computer, which enables us and our third party service providers to tell when you use the website and also to help customise your website experience.
2.2 We may collect and hold the following personal information from you:
(a) your name, location, residential, postal, business and shipping addresses, email address, phone number, date of birth, nationality, passwords, employment details, third party usernames, bank account and credit card details and all general information or financial information that you supply to us via the website.
2.3 Method of collection of your personal information
(a) We will collect personal information from you in the course of your use, enquiry or dealings with us and in particular, when you purchase goods or services from us, contact us, or sign up to receive information or marketing material from us.
(b) Personal information will be collected from you when you enter personal information into the website.
3 The purpose for which we collect, hold, use and disclose personal information
3.1 Generally we collect, hold, use and disclose your personal information to provide you with the best service experience possible on the website and to allow us to provide you with any goods or services that you may purchase from us through the website.
3.2 We may use your personal information to contact you in relation to:
(a) goods and/or services that you have purchased from us;
(b) marketing of goods or services that we provide.
3.3 Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
3.4 Disclosure of personal information
(a) We customarily disclose personal information to our third party service providers who assist us in operating the website and delivering the goods and services to you.
(c) We will disclose your personal information to the following non-exhaustive list of non-related third party service providers:
(i) Paypal (PayPal Australia Pty Limited ABN 93 111 195 389 and its related entities);
(ii) Mailchimp (The Rocket Science Group, LLC and its related entities);
(iii) Squarespace (Squarespace, Inc and its related entities);
(iv) 4PX (4PX International Express Co. Ltd and its related entities);
4 When and why we will contact you
4.1 We and our non-related third party services providers may contact you by email and regular mail in relation to goods and/or services and orders for goods and/or services that you have placed with us
4.2 We may contact you by email and regular mail for marketing purposes in relation to goods and/or services that we may be able to provide.
5 How you can access your personal information
6 How we keep your personal information secure
6.1 We have processes in place to ensure the security of your personal information when it is transferred to our service providers and limitations on access to personal information within our organisation.
6.2 You acknowledge that the security of online transactions and communications sent by electronic means or by post cannot be guaranteed. If you provide information to us via the internet or by post it is at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.
6.3 We request that you notify us immediately if you become aware that the security of your personal information has been compromised, or if another party has gained unauthorised access to your personal information.
6.4 You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws). The collection and use of your information by such third parties may be subject to separate privacy and security policies or different laws, jurisdictions and regulatory provisions.
8 Transfer of information overseas
8.1 The website is not hosted in Australia and we transfer all data on the website (including all personal information) to our hosting service provider in the United States of America and other countries.
8.2 We may transfer your personal information to countries outside of Australia, such as China and the United States of America and other countries.
9 Children’s Information
9.1 The website and our services are unavailable to children (persons under the age of 18 years). If you are under 18 years of age, you can only use the website and our services if you are under the supervision of a parent or guardian.
10.1 To the full extent permitted by law, we exclude all liability in respect of the privacy policies of any other website which you may decide to visit as a result of our website, or any link contained on our website.
10.2 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any damages, consequential or incidental damages suffered by you as a result of any related or unrelated third party services providers we may use.
11 How to contact us about privacy
11.1 You can contact us on:
(b) PO Box 149, Ringwood East, VIC 3135, Australia
12 How this provacy policy will apply in the future