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PWS Terms & Conditions
1. About These Terms & Conditions
In these Terms and Conditions, "Think Workplace Safety", "thinkworkplacesafety.com.au", “Premier Workplace Solutions, “PWS”, "We" and
"Us" mean Premier Workplace Solutions Pty Limited, ABN 38 359 057 438 of Unit 1, 14 Stennett Road, Ingleburn NSW Australia, and "You"
means You the customer. "Product" means any goods purchased from the shopping Site at http://www.thinkworkplacesafety.com.au. These
Terms and Conditions together with Your Order constitute the entire Contract between Us and You for the supply of Products.
The Contract cannot be varied unless We agree to vary it in writing or by email.
2. General
2.1 The Site is a shopping Website where You can browse, select and purchase Products from Premier Workplace Solutions (PWS) ABN 38 359 057 438 (“PWS”, “Us” or “We”)
2.2 Your access to and Use of the Site, including Your orders and purchases of Products through the Site, is governed by these terms and conditions
3. Compliance 3.1 You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the Use of Product reviews on the Site. You agree to comply with the Product reviews terms of Use as found online
3.2 You agree to comply with all relevant laws relating to Your Use of the Site and Your placement of any order through the Site
3.3 You agree not to Use any data listed on the Site for commercial purposes e.g. through price or information scraping
4. Your Account
4.1 If You are under the age of eighteen (18) years You cannot place orders with PWS. By accepting these Terms and Conditions You acknowledge that You are over the age of eighteen (18) years
4.2 Should PWS suffer any damage or other losses as a result of a transaction entered into by a minor, PWS reserves the right to seek
compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with PWS
4.3 If You Use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to
Your computer, and You agree to accept responsibility for all activities that occur under Your account or password
4.4 PWS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion
5. Placing an Order for Products
5.1 You may purchase Products by selecting and submitting Your order through the Site in accordance with these terms and conditions
5.2 Any order placed through this Site for a Product is an offer by You to purchase the particular Product for the price notified (including the
delivery and other charges, fees and taxes) at the time You place the order, on the terms and conditions set out in these PWS Online
Terms and Conditions
5.3 We may ask You to provide additional details or require You to confirm Your details to enable Us to process orders placed through the Site
5.4 You agree to provide Us with current, complete and accurate details in response to requests by Us, to You, for information
6. Acceptance or Rejection of an Order
6.1 In certain circumstances, We may need to reject Your order, including but not limited to where the requested Product is not available or if
there is an error in the price or the Product description posted on the Site
6.2 Each order placed for Products through the Site that We accept results in a separate binding agreement between You and Us for the
supply of those Products. For each order accepted by Us, We will:(a) supply the Products in that order to You in accordance with these terms and conditions; and(b) send You an email confirmation of that order – though with the nature of the internet We cannot guarantee receipt. Please add the PWS email address in Your contact address book to ensure emails are not sent to SPAM or blocked by Your fire wall
6.3 If We reject an order placed through the Site, We will endeavour to notify You of that rejection at the time You place the order or within a
reasonable time after You submit Your order
6.4 In the interests of all our customers, We reserve the right to refuse to supply Products if multiple orders are placed or large quantities of
the same Product are ordered for the same billing or shipping address
7. Delivery of Products
7.1 We only sell and ship Products within Australia. We will not make deliveries outside of Australia7.2 We will only deliver Products ordered through the Site to a location where We provide delivery services. You may receive multiple deliveries for Your order and these are described at the point of checkout. We or our delivery company may need to contact You to arrange a delivery date for certain Products
7.3 You may obtain further information on the Site on the Site about our delivery timeframes and how We deliver certain Products. The Delivery Fee for Your order depends on the type of Product You order (in particular, the size and Weight of the Product)
7.4 You agree to comply with certain delivery requirements specified below and such other requirements that We notify You when You place Your order through the Site
7.5 An appropriate person must be present to accept the delivery of Your order
7.6 We may require the person accepting the delivery of Your order to provide Us with proof of that person’s identity (including photographic
identification) and, where relevant, age. If the order has been paid by credit card, then We may also ask You to show Us the credit card for
Us to conduct our verification checks
7.7 If You are unable to show Us the credit card for Us to conduct verification checks, then We will not deliver the Products You have ordered.
In this instance, We will endeavour to contact You or You may contact Us to arrange for delivery at a different time, and We may charge
You an additional Delivery Fee for that replacement delivery
7.8 You:(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by You to receive
Your order; and (b) will ensure that, in the case of Restricted Products, the person authorised by You to receive Your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions7.9 We will not deliver a Restricted Product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, We will cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the Delivery Fee)
8. Cancelling an Order
8.1 We may cancel any part of an order (including any orders that We have accepted) without any liability to You for that cancellation at any time if:(a) the Products in that order are not available; or(b) there is an error in the price or the Product description posted on the Site for the Product in that order; or(c) Your order has been placed in breach of these terms and conditions8.2 If We cancel any part of an order in accordance with:(a) clause
8.1: then We will endeavour to provide You with reasonable notice of that cancellation, and will not charge You for the cancelled
order. If any payment has been taken, then the full
payment amount, including the delivery fee and any other fees and charges, will be refunded to Your original payment method or through
an alternative means(b) clause 8.1: We will endeavour to provide You with reasonable notice of that cancellation, and will only charge You the:(i) Administration fee; and(ii) provided We are not in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of
the payments made may be deductedIf any payment has been taken, then the full payment amount less these above amounts will be refunded
to Your original payment method or through an alternative means
8.3 You may cancel an order (whether it is accepted by Us or not) by contacting Us at sales@pws.com.au or on 1300 76 44 77 during Business
Hours (AEST) at any time prior to the dispatch of that order. On cancelling the order, We will refund You Your payment to Your original
payment method or through an alternative means. If We cannot stop the shipment of the order at the time of cancellation, then You will be
required to refuse delivery or return the Products in order to receive a refund in accordance with the PWS Returns Policy
9. Fees and Charges 9.1 We will charge You, and You agree to pay the purchase price of each Product that is ordered, the delivery fee for
Your order that We notify to You when You place Your order (“Delivery Fee”) and any other fees and charges set out in these terms and
conditions
9.2 All fees and
charges identified in these terms and conditions and all prices for the Products indicate whether the price is GST exclusive
or inclusive where applicable9.3 The purchase price of each Product is shown on the Product list on the Site at the time You place Your order.
We are not obliged to match any prices unless otherwise stated9.4 Prices for Products change from time to time and/or may be subject to a
special offer. We do not provide any notice of these changes.
Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the Product description
posted on the Site for the Product in that order), once We have accepted Your order, We will not change any prices that apply to the
Products in that order
9.5 If You cancel an order then We will refund any amounts paid by You for that cancelled order in accordance with our Return Policy
10. Payment Methods
10.1 You may pay the fees and charges for an accepted order (excluding lay-by orders) with any of the following payment methods:
1. Visa 2. MasterCard 3. EFT;
4. Debit cards displaying a Visa or Mastercard logo5. 30-Day Account (available to approved customers only, please phone 1300 76 44 7710.2 Payment processing will not begin until We receive all the information that We need10.3 Orders placed on a Weekend or a Public holiday will not begin payment processing until the next business day10.4 Business days are Monday through Friday, excluding NSW Public holidays10.5 If We are unable to successfully process Your nominated payment method for Your order that is accepted by Us, then We may cancel Your order
10.6 If You choose to pay by credit card, You authorise Us to debit the amount that is payable from Your nominated credit card for an accepted order
10.7 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means
10.8 We will provide You with an order number at the time of ordering and a receipt at the time of delivery which specifies the total fees and charges for the Products in the order
11. Damaged Products and Returns
11.1 The PWS Returns Policy applies to all purchases of Products Using the Site and forms part of these terms and conditions. If You
suspect that a Product is damaged on delivery, then You should refuse to take receipt of that Product and notify Us by contacting Us
at sales@pws.com.au or on 1300 76 44 77
12. Liability
12.1 While PWS employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, PWS will not be
responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently
Used or is Used in an unauthorised manner
12.2 Subject to clause
12.4, We exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject
matter of this agreement. You acknowledge that the Site is provided “as is” and that We do not make any warranty or representation
as to the suitability of the Site or a Product for any purpose
12.3 Subject to clause
12.4, We will not be liable to You for indirect and consequential loss (including without limitation for loss of revenue,
loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption
of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement
12.4 To the extent permitted by law and subject to clause
12.6 and any rights to which You may be entitled under the PWS Returns Policy,
our liability to You for any loss or damage arising out of or in connection with the supply of goods or service under this Agreement,
Your Use of the Site or any breach by Us of this Agreement however arising (whether for breach of the terms of this Agreement, tort
(including negligence), statute, equity otherwise at common law or on any other basis) is limited to one of the following remedies
(at our option):(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and (b) in the case of goods:
the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods
(or of acquiring equivalent goods), or the payment of the cost of having the goods repaired12.5 Our liability to You for loss or damage of any
kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that You cause or
contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or
otherwise12.6 Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:(a) the application of
all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (the ACL); or(b) the exercise of a right
conferred by such a provision; or (c) any liability of PWS in relation to a failure to comply with a guarantee that applies under Division 1
of Part 3-2 of the ACL to a supply of goods or services
13. Force Majeure
13.1 To the extent permitted by law, PWS is not liable for any delay in performing any of its obligations under these Terms and Conditions
if such delay is caused by circumstances beyond the reasonable control of PWS, and PWS shall be entitled to a reasonable
extension of time for the performance of such obligations
14. Termination 14.1 We may immediately suspend, terminate or limit Your access to and Use of the Site and (where relevant)
Your account if You breach these terms and conditions and:(a) the breach cannot be remedied; or(b) You fail to remedy the breach within
10 days of our notice to You of that breach; or (c) if there is an emergency14.2 We may stop making the Site (or any part of it) available
without prior notice. If so, any orders that We have accepted will not be affected by this unless the Products that have been ordered are no
longer available or We are prevented from supplying the Products, in which case, We will notify You and will refund to You all valid payments
received by Us for those Products
15. Changes to These Terms & Conditions
15.1 For future orders, these terms may be different and so We recommend that You read these terms carefully each time You agree to
them during the ordering process15.2 We will not change any terms and conditions for an existing order that has been accepted by Us; the
terms and conditions that will apply to the order are the terms and conditions that applied at the time You placed Your order
16. Privacy Policy 16.1 We respect Your privacy. We collect, hold, Use and disclose Your personal information in accordance with the
Privacy Act 1988. The manner in which We generally collect, hold, Use and disclose Your personal information is set out in our Privacy
Policy. You can view our Privacy Policy online16.2 We will collect Your personal information through Your Use of the Site or through Your
personal contact with Us. You agree for Us to collect, hold, Use and disclose Your personal information in ways We consider appropriate
and as stated in our Privacy Policy16.3 You may access Your personal information, in accordance with our Privacy Policy by contacting Us
at sales@pws.com.au or on 1300 76 44 7716.4 You may choose to opt-in or opt out of the receipt of marketing material from PWS by
contacting Us at sales@pws.com.au or on 1300 76 44 77
17. General 17.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that
jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other
jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public
policy17.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of
the courts of that place
18. Risk of Loss 18.1 Risk and title to Product passes to You on the date and time of delivery to the Delivery Address
19. Product Descriptions 19.1 PWS attempts to be as accurate as possible. However, PWS does not warrant that Product descriptions or other
content of this Site is accurate, complete, reliable, current, or error-free19.2 PWS makes no warranty as to the ability of a Product to perform
functions other than that which is specifically stated in the Product description. PWS recommends that should You have any doubt that You
contact Us before purchasing any Product to ensure that it is fit for the purpose You intend
20. Other Businesses 20.1 Where there are links on the Site which direct You to a third party Website owned and operated by another
company other than PWS, the Terms and Conditions of those Sites are individual to the Site that You are visiting and should be reviewed
and agreed upon in accordance with their Terms and Conditions. The Terms and Conditions will specify who You will be entering into a
contract with on that Site. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these
businesses or individuals or the content of their Web Sites PWS does not assume any responsibility or liability for the actions, Product, and
content of all these and any other third parties. You should carefully review their privacy statements and other Conditions of Use
21. Definitions
20.1 Capitalised terms Used are defined in these terms and conditions. In these terms:
20.2 Business Hours means 8.30am to 5pm Monday to Friday (AEST), excluding NSW public holidays
20.3 Delivery Address means the address specified by You during the customer registration process for the delivery of Products that We will supply to You under these terms and conditions
20.4 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cmwlth)
20.5 Product means any goods purchased displayed on, or purchased from, the shopping site at www.pws.com.au
20.6 Think Workplace Safety, PWS, We and Us mean Premier Workplace Solutions Pty Limited ABN 38 359 057 438 of
Unit 1, 14 Stennett Road, Ingleburn NSW Australia
20.7 Site means PWS shopping Site at http://www.thinkworkplacesafety.com.au
20.8 You means ''You the customer''
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