Australia Pro-Image (@ProImage) Website Terms of Use
A. The parties, the Website, access and legal documentation
This website ("Website") is owned and operated by Australia Pro-Image Pty Ltd (ABN: 30 094 734 719) ("@ProImage").
1. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of @ProImage. Access by any other person to the secure areas of this Website is strictly prohibited.
2. Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms of Use").
3. The Customer's use of, and/or access to, this Website also confirms its full understanding and agreement to the terms of each of the following: Trading Terms of @ProImage, the standard Terms and Conditions and the Returns Policy and Procedure. The customer acknowledges that @ProImage has provided the above documents and the customer has examined the contents therein and received independent legal advice thereon.
4. @ProImage reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord but also pay particular attention to any notice by @ProImage that they have been amended.
B. General Commercial Terms
1. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Terms of Use"): a) access as presented on this Website information about @ProImage, the terms of the relationship between the Customer and @ProImage, and the goods and/or services presented on this Website, and b) communicate to @ProImage the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
2. Upon account opening, @ProImage will authorise the Customer as a registered user to gain access to the secure areas of this Website. Until the customer is registered they will have access to the catalogue using their selected User Account details as specified on the registration form. Customers will be notified via email once their account has been fully activated.
3. The Customer must not disclose their Account Logon details to any third party. The Customer may disclose the Account Logon details to any employee to whom it wishes to authorise to access the secure areas of this Website and/or place orders on behalf of the Customer. The Customer must inform @ProImage immediately if the Account Logon details are disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Website using the Customer's Account Logon details.
4. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and @ProImage, all orders made on this Website are subject to acceptance by @ProImage, and no order will be deemed to be accepted by @ProImage until such acceptance has been confirmed to the Customer.
5. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on the Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by @ProImage.
6. The decision by @ProImage whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by @ProImage will be confirmed by e-mail to the Customer. @ProImage reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer's account or credit status.
7. If the Customer wishes to cancel any order, it must do so by telephoning its @ProImage customer sales representative or account manager. Orders may not be cancelled after 1 hour of placement, or goods have left @ProImage's premises for shipping, whichever occurs earlier.
8. @ProImage's Customer Returns Procedure will apply to all items which the Customer wishes to return.
9. The Customer expressly authorises @ProImage to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Account Logon details which the Customer must enter to access this Website. @ProImage will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise adviced by the Customer to @ProImage either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to @ProImage as part of its application to gain access to this Website.
C. Intellectual property, confidentiality, software licences and restrictions on use of Content.
1. All information, text, material, graphics, software and advertisements on this Website ("Content") are Copyright © 2010 @ProImage, its suppliers and/or licensors unless expressly indicated otherwise by @ProImage. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorised in writing by @ProImage.
2. Strictly on the condition that the person accessing this Website keeps all Content intact and in the same form as presented on this Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only. No one is authorised to use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of @ProImage or an affiliate or which is prohibited by the Terms of Use.
3. The Customer acknowledges and agrees that all Customer account and pricing information and the Account Logon Details constitute the confidential information of @ProImage, and the Customer must not disclose this information to any third party without the prior express written authorisation of @ProImage. The Customer must inform @ProImage immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.
D. Product Information, advertising and links to third party websites.
1. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to @ProImage pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not @ProImage, and @ProImage has included it on this Website as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.
2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by @ProImage, and @ProImage is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by @ProImage, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.
3. This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by @ProImage, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not @ProImage, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.
5. Products are displayed with pricing that excludes GST. GST is applied when confirmation of the order occurs during the ‘Checkout’ process and can be viewed before confirming the order in the ‘View Cart’ section when the checkout option is selected.
E. Disclaimer and limitation of liability.
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by @ProImage of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). @ProImage does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.