TERMS & CONDITIONS

1. Terms and Conditions

This website (www.selsealpak.com.au) is owned and operated by Selseal Pak (Aust) Pty Ltd (ABN 48 624 678 995). Throughout the site, the terms “we”, “us” and “our” refer to Selseal Pak (Aust) Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Selseal Pak (Aust) Pty Ltd. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the terms, conditions and policies on our site. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Selseal Pak (Aust) Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. We recommend you check our website regularly to ensure you are aware of our current terms. Materials and information on this website are subject to change without notice. We do not undertake to keep our website up-to-date and we are not liable if any content is inaccurate or out-of-date. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Selseal Pak (Aust) Pty Ltd in the user interface.

3. Registration to use the Purchase Services​

​3.1 In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

a. Email address

b. Username

c. Mailing address

d. Phone number

e. Password

f. Contact Name

3.2 You warrant that any information you give to Selseal Pak (Aust) Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

3.3 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4 You may not use the Purchase Services and may not accept the Terms if:

a. you are not of legal age and possess the legal authority, right and freedom to form a binding contract with Selseal Pak (Aust) Pty Ltd; or

b. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

a. you will use the Purchase Services only for purposes that are permitted by the Terms;

b. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

c. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

d. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Selseal Pak (Aust) Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

e. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Selseal Pak (Aust) Pty Ltd providing the Purchase Services;

f. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

g. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Selseal Pak (Aust) Pty Ltd for any illegal or unauthorised use of the Website; and

h. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products

5.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

5.2 Payment of the Purchase Price may be made through eWay (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.3 Following payment of the Purchase Price being confirmed by Selseal Pak (Aust) Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Selseal Pak (Aust) Pty Ltd may record your purchase details for future use.

6.0 Delivery

6.1 You acknowledge that the Purchase Services offered by Selseal Pak (Aust) Pty Ltd integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

6.2 In providing the Purchase Services, Selseal Pak (Aust) Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Selseal Pak (Aust) Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. Selseal Pak (Aust) Pty Ltd is not liable for any loss or damage once it leaves our warehouse (14-16 Ayton Street, Sunshine West Victoria 3020).

6.3 In the event that an item is lost or damaged in the course of the Delivery Services, Selseal Pak (Aust) Pty Ltd asks that you:

a. contact us by sending an email to website@selsealpak.com.au outlining the issues you have with the delivery; and then

b. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; 

6.4 Delivery of the Products is taken to occur at the time when:

a. you or your nominated carrier takes possession of the Products at Selseal Pak (Aust) Pty Ltd’s address; or

b. the Delivery Service Providers delivers the Products to your nominated address even if you are not present at the address.

6.5 The cost of Delivery Services is in addition to the Price.

6.6 Extra delivery charges as a result of your action or inaction may be passed on to you at our discretion.

6.7 Selseal Pak (Aust) Pty Ltd may deliver the Products in separate instalments or consolidate orders.

6.8 Ownership of the products will pass to you once the products have been paid to us in full.

7. Copyright and Intellectual Property

7.1 The Website, the Purchase Services and all of the related products of Selseal Pak (Aust) Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, images, graphics, logos, button icons, photographs, video, images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Selseal Pak (Aust) Pty Ltd or its contributors.

7.2 Selseal Pak (Aust) Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Selseal Pak (Aust) Pty Ltd; or

b. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

7.3 You may not, without the prior written permission of Selseal Pak (Aust) Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, adapt or change in any way the Content or third party content for any purpose.

8. Privacy

Selseal Pak (Aust) Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Selseal Pak (Aust) Pty Ltd's Privacy Policy.

9. General Disclaimer

9.1 You acknowledge that Selseal Pak (Aust) Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

9.2 Selseal Pak (Aust) Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. Selseal Pak (Aust) Pty Ltd reserves the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

9.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.4 Subject to this clause, and to the extent permitted by law:

a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

b. Selseal Pak (Aust) Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.5 Use of the Website, the Purchase Services, and any of the products of Selseal Pak (Aust) Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Selseal Pak (Aust) Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Selseal Pak (Aust) Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Selseal Pak (Aust) Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

b. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1 Selseal Pak (Aust) Pty Ltd's total liability arising out of or in connection with the Purchase Services 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 under these Terms or where you have not paid the Purchase Price, then the total liability of Selseal Pak (Aust) Pty Ltd is the resupply of information or Purchase Services to you.

10.2 You expressly understand and agree that Selseal Pak (Aust) 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.

10.3 Selseal Pak (Aust) Pty Ltd is not responsible or liable in any manner for any website content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Selseal Pak (Aust) Pty Ltd, by third parties or by any of the Purchase Services offered by Selseal Pak (Aust) Pty Ltd.

10.4 You acknowledge that Selseal Pak (Aust) Pty Ltd does not provide the Delivery Services to you and you agree that Selseal Pak (Aust) Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

11. Termination of Contract

11.1 The Terms will continue to apply until terminated by either you or by Selseal Pak (Aust) Pty Ltd as set out below.

11.2 If you want to terminate the Terms, you may do so by:

a. notifying Selseal Pak (Aust) Pty Ltd at any time; and

b. closing your accounts for all of the Purchase Services which you use, where Selseal Pak (Aust) Pty Ltd has made this option available to you. Your notice should be sent, in writing, to Selseal Pak (Aust) Pty Ltd via the 'Contact Us' link on our homepage.

11.3 Selseal Pak (Aust) Pty Ltd may at any time, terminate the Terms with you if:

a. you have breached any provision of the Terms or intend to breach any provision;

b. Selseal Pak (Aust) Pty Ltd is required to do so by law;

c. the partner with whom Selseal Pak (Aust) Pty Ltd offered the Purchase Services to you has terminated its relationship with Selseal Pak (Aust) Pty Ltd or ceased to offer the Purchase Services to you;

d. Selseal Pak (Aust) Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

e. the provision of the Purchase Services to you by Selseal Pak (Aust) Pty Ltd is, in the opinion of Selseal Pak (Aust) Pty Ltd, no longer commercially viable.

11.4 Subject to local applicable laws, Selseal Pak (Aust) Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Selseal Pak (Aust) Pty Ltd's name or reputation or violates the rights of those of another party.

11.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Selseal Pak (Aust) Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

You agree to indemnify Selseal Pak (Aust) Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of our Website or any breach of these Terms or any applicable laws by you , with any Content you post through the Website;

b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

c. any breach of the Terms.

13. Dispute Resolution

13.1 Compulsory: 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 the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2 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.

13.3 Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

a. Within 30 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;

b. If for any reason whatsoever, 30 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 Australian Mediation Association or his or her nominee;

c. 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;

d. The mediation will be held in Melbourne, Australia.

13.4 Confidential: 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.

13.5 Termination of Mediation: If 3 months 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.

14. Venue and Jurisdiction

The Purchase Services offered by Selseal Pak (Aust) Pty Ltd 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 Victoria, Australia.

15. Governing Law

The Terms are governed by the laws of Victoria, 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 Victoria, 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.

Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia.If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

18. Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all of the Content. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content. You must not: copy or use, in whole or in part, any Content; reproduce, re-transmit, distribute, disseminate, sell, license, rent, modify, copy, transmit, edit, publish, broadcast or circulate any Content to any third party; or breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

19. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

For any questions, please contact us at:

Selseal Pak (Aust) Pty Ltd

32 Agosta Drive, Laverton North VIC 3026

Email: website@selsealpak.com.au

Last update: 01/07/2020