These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Miniflam Australia PTY LTD and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Miniflam Australia PTY LTD’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Miniflam Australia PTY LTD’s express written consent.
Access to certain areas of this website is restricted. Miniflam Australia PTY LTD reserves the right to restrict access to areas of this website, or indeed this entire website, at Miniflam Australia PTY LTD’s discretion.
If Miniflam Australia PTY LTD provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Miniflam Australia PTY LTD may disable your user ID and password in Miniflam Australia PTY LTD’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Miniflam Australia PTY LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Miniflam Australia PTY LTD the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Miniflam Australia PTY LTD or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Miniflam Australia PTY LTD reserves the right to edit or remove any material submitted to this website, or stored on Miniflam Australia PTY LTD’s servers, or hosted or published upon this website.
Notwithstanding Miniflam Australia PTY LTD’s rights under these terms and conditions in relation to user content, Miniflam Australia PTY LTD does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Miniflam Australia PTY LTD makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Miniflam Australia PTY LTD does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Miniflam Australia PTY LTD will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Miniflam Australia PTY LTD has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Miniflam Australia PTY LTD’s liability in respect of any:
- death or personal injury caused by Miniflam Australia PTY LTD’s negligence;
- fraud or fraudulent misrepresentation on the part of Miniflam Australia PTY LTD; or
- matter which it would be illegal or unlawful for Miniflam Australia PTY LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Miniflam Australia PTY LTD has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Miniflam Australia PTY LTD’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Miniflam Australia PTY LTD’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Miniflam Australia PTY LTD.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Miniflam Australia PTY LTD and undertake to keep Miniflam Australia PTY LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Miniflam Australia PTY LTD to a third party in settlement of a claim or dispute on the advice of Miniflam Australia PTY LTD’s legal advisers) incurred or suffered by Miniflam Australia PTY LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Miniflam Australia PTY LTD’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Miniflam Australia PTY LTD may take such action as Miniflam Australia PTY LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Miniflam Australia PTY LTD may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Miniflam Australia PTY LTD may transfer, sub-contract or otherwise deal with Miniflam Australia PTY LTD’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with all other terms and conditions expressed on this website constitute the entire agreement between you and Miniflam Australia PTY LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia.
You agree that the terms of payment are strictly 30 days from the end of the month of the invoice date.
Account payments are accepted by cheque, EFTPOS, or credit card payments.
You warrant that all information given to us is true and correct.
You agree to notify us within 7 days of any change affecting your legal entity, structure, management or control.
You acknowledge that we may;
- Refuse your application for credit facilities;
- Withdraw or vary credit facilities at our absolute discretion without prior notice
- Withhold supply irrespective or whether an order has been accepted or not if for any reason we determine in our absolute discretion that no further credit is extended to you.
You consent and agree that we may:
- Obtain a credit report from reporting agencies or other credit providers for the purpose of assessing this application for credit.
- Obtain information from any other credit providers from time to time for the purpose of reviewing and assessing your commercial credit worthiness.
- Disclose to or discuss with any credit providers or any credit reporting agencies, any prospective guarantor and any person or body agreeing or considering whether to agree to be liable for any credit to be made available to you, any information maintained or in our possession relating to your application and the administration of your credit facilities.
- Collect and use any personal information as defined in the Privacy Act 1988 (“the Act”) for the purposes referred 7.1 (a) to (c).
You acknowledge that the consents referred to in paragraphs 7.1 (a) to (d) will continue to remain in full force and effect until all credit facilities cease to be made available by us.
This application is made to Miniflam Australia PTY LTD (ABN 68 003 020 442 )
You agree that if any amount is not paid within the agreed terms of payment, interest may be charged at the rate of 1.5% per month on the amount overdue from the original due date until payment is made in full.
The signatory warrants that where there is more than one applicant, or the applicant is a corporation that he or she is authorized to sign on behalf of all applicants or the corporation as appropriate.
All credit returns will be accepted within 30 days of invoice date, provided the goods have adequate shelf life, require no repackaging and are in an ‘as new’ saleable condition. Goods that are damaged in any way will not be accepted for credit. Absolutely no return of Indent or Special orders will be accepted. All returns must be accompanied with a copy of invoice and purchase date.