Disclaimer
Website terms of use
Welcome to the Philmac website, which is provided by Philmac Pty Ltd (ACN 007 873 047) (“Philmac, “we” “us” or “our”). These website terms and conditions of use (“Terms”) apply to your use of our website even if you are just browsing, so it is important that you read and understand them.
Your use of this website is also governed by our Privacy Policy. Together with the Privacy Policy, these Terms form the whole of the agreement between you and Philmac in respect of your use of the website. Your use of this website signifies your acceptance of these conditions.
If you do not agree to these Terms, then you must not use this website.
Your use of this website
This website is for your personal use only, unless otherwise approved by Philmac.
You are free to simply browse our website to learn more about us and what we do. You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it.
Whether or not you register for an account via the website, you must not (without Philmac’s express permission):
(a) post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;
(b) restrict or stop other users from using or enjoying this website;
(c) access data or any part of the website that is not intended for you or which you are not authorised to access (including any area of the website that requires a specific login), or attempt to obtain goods or services to which you are not entitled;
(d) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
(e) use or attempt to use any material published on the website to create any web site or publication;
(f) transfer or sell any information, functionality or products or services offered on the website, or represent that you are entitled to do so;
(g) pretend that you are or represent someone else;
(h) probe, scan or test a system or network to breach security or authentication measures;
(i) interfere or affect the operation of the website;
(j) track or monitor any content, user, or website functionality without our authorisation; or
(k) impose an unreasonable load on our systems or networks.
If we believe that you have not complied with these Terms at any time, we may immediately cancel or terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
Product and/or service information
Information provided on this website may vary depending on your location, and not all products and or services may be available in or for all locations. Just because a product or service is referred to on the website, it does not imply that such product or service is or will be available at the time of your order or in your location. Nothing on this website shall be construed as a promotion or advertisement for a product, service, or benefit of any kind which is not allowed, or is otherwise contrary to law, in your location.
This website and its content are presented in general form and provided for informational purposes only. To the extent permitted by law, Philmac makes no warranties or representations that its products are fit for any particular purpose, or suitable for use by any particular person. Philmac takes care to ensure that any claims made about the products are accurate, well-founded, and compliant with relevant law, but the website and its contents are not otherwise formulated with regard to any of your specific needs or purposes. Check the product content information carefully to determine for yourself whether our product is suitable for your purposes.
Your personal information
The personal information you provide to us must be accurate and complete. If you register as a for an account via the website you agree that Philmac may carry out reasonable security and identity checks at any time.
Any personal information you provide to Philmac will be collected, used and stored for the purpose of providing information about our products or services, processing your order(s), communicating with you in relation to your queries or complaints, assessing any application or entry that you submit to us, or as otherwise stated at the point of collection or in our privacy policy.
Your content
Nothing in these terms affects the ownership of any words, images, or other materials that you post or submit to the website, or otherwise provide to us by any means (“Content”). By providing Content to us, you:
(a) represent that any information comprising the Content is true and correct and acknowledge that Philmac will rely on that information in entering into any agreement with you;
(b) acknowledge that any Content you post or submit to a public page or for the purposes of being published may be published and communicated to the public accordingly;
(c) promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
(d) you give us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the Philmac business, included providing goods and/or services to you.
By entering into a Philmac promotion, you agree to your Content being made publicly available if you are a winner or runner up, and otherwise being used in accordance with these Terms, our Privacy Policy and the applicable Conditions of Entry. If these Terms are inconsistent with applicable promotion Conditions of Entry, the Conditions of Entry will apply to the extent of that inconsistency.
We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.
Our content
Everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes the design, compilation and look and feel of this website, all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website, and all the trade marks, logos, business names, and domain names used in connection with the website and the Philmac business (unless otherwise stated in context or in these Terms) (“Philmac IP”)
We give you a non-exclusive, limited, revocable, world-wide, royalty-free licence to access, use, and download the Philmac IP to the limited extent required to access and use our website, including communicating with us and buying our goods or services, in accordance with these Terms.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Philmac IP in any way not expressly stated in these Terms (or otherwise allowed by law).
Account Management
You may be required to register for an account to access certain information, functionality, goods, services, or benefits on or available through the Philmac website.
If you do register, then your use of the website will also be subject to any relevant agreements and policies which apply to your registration, including these Terms and the Philmac Privacy Policy.
You are responsible for your use of this website, and you must not give your account details to anyone else. If someone else accesses this website using your account details, then you are also responsible for use of the website by that person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify Philmac immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer.
Without prior notice and without liability to you or anyone else, Philmac has the right to immediately remove, cancel, terminate or suspend access to your registered user account, or otherwise restrict your access to the website, if at any time we believe you have not complied with these Terms or any other agreement with Philmac.
If your right to create an account is subject to certain restrictions or eligibility criteria, and at any time you cease to comply with those restrictions or criteria, your account can be cancelled by Philmac at any time and you will no longer be able to use our website as a registered user. You are still free to browse and otherwise use our website, subject to these Terms.
Change & Access
Philmac does its best to provide current and accurate information on the website. But things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time. Philmac will not be responsible for any loss arising from any modification or change to our website.
The website will usually be available 24 hours a day, seven days a week. Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website or arising from downloading any files available from our website.
This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website. If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.
You are not allowed, without the prior written consent of Philmac, to alter, frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us using the details below.
This website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that Philmac endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk. Philmac is not responsible for the content of any site linked to or from the Philmac website and accepts no responsibly for loss you might suffer as a result of accessing any such site.
Our liability to you
We do not promise that the content on this website (or your access to it) will be uninterrupted or error‑free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
Philmac and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services.
Subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010) and any other non-excludable term implied by law, this website and all of Philmac’s goods and services are provided on an “as is” basis without warranties of any kind, either express or implied, and Philmac excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website. To the extent any liability of Philmac cannot be excluded, Philmac limits that liability, to the maximum extent permitted by law, to (at our election):
(a) the re-supply of any goods or services supplied to you by Philmac; or
(b) the lesser of payment of the cost of having the goods or services replaced or resupplied or $10.
Your liability to us
You are liable and solely responsible for:
(a) any Content you submit via the website;
(b) your breach of anyone else’s intellectual property rights;
(c) your breach of these Terms;
(d) your breach of your agreement with us (such as a distribution agreement); and
(e) your breach of any applicable law.
You agree to indemnify Philmac (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (Philmac Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Philmac Parties and arising in any way from any of the matters set out in (a) – (e) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
General
- We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms that you are not sure about, then please seek independent advice.
- The material provided by us on our website, including these Terms, contains the whole of the agreement between Philmac and you, and Philmac will not be liable for any representations made in relation to Philmac or the goods or services it offers by any other person or means.
- These Terms are governed by the laws in force in South Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia and any courts which may hear appeals from those courts.
- Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
- We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.
- All prices displayed on the website and referred to in these Terms are, unless otherwise indicated in context, in Australian Dollars and exclusive of GST.
Contact us
Please feel free to contact us if you have any questions about these Terms.
We can be contacted via:
Email: philmac@philmac.com.au
Phone: +61 (8) 8300 9200
Post: 53-59 Deeds Road, North Plympton, South Australia 5037.
Last updated: August 2018
© Philmac Pty Ltd. All rights reserved.
