Coburns Distillery Website Terms of Use

18-01-2017

COBURNS DISTILLERY WEBSITE TERMS OF USE

ABOUT THIS WEBSITE

  1. This website is published by Coburn & Co Pty Limited A.C.N. 610 478 512 trading as Coburns Distillery (“COBURNS“).
  2. Your use of www.coburnsdistillery.com.au (“website”) is subject to these terms of use (“Terms of Use”). All services provided by COBURNS, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of COBURNS. If You do not accept these Terms of Use, You must refrain from using this website.
  3. If You use this website or undertake any activities through this website, You will be deemed to have read, understood and accepted these Terms of Use.

DEFINITIONS

In these Terms of Use:

  • Application for Credit“ means the application for credit account form required to be completed to be eligible to become an Approved Creditor;
  • Approved Creditor“ means a person or entity who completes an Application for Credit and is approved as a creditor by COBURNS in the absolute discretion of COBURNS;
  • Authority“ means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
  • Back Order“ means any order placed by the Buyer for a Good that COBURNS does not have in stock at the time of that order;
  • Buyer“ means You, a purchaser or potential customer of Goods from COBURNS through the website, and includes an Approved Creditor (where relevant);
  • CC Act“ means Competition and Consumer Act2010 (Cth);
  • CC Act Implied Term“ means, in respect of any sale or supply of Goods by COBURNS to the Buyer, any term, condition, consumer guarantee or warranty, for the benefit of the Buyer, implied by or arising under the CC Act in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law of any State or Territory of Australia;
  • Claims“ includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at Law or in equity or arising under the provisions of statute;
  • Due Date“ means, in respect of a sale of Goods by COBURNS to a:
  • Buyer who is not an Approved Creditor, immediately;
  • Buyer who is an Approved Creditor, fourteen (14) days from the date shown for payment on any invoice to be rendered by COBURNS and if a date is not shown, the date prescribed by COBURNS as the due date for payment for the Goods the subject of that invoice;
  • Goods“ means the products and services provided by COBURNS, the subject of an order placed by the Buyer with COBURNS and accepted by COBURNS and “Good“ means any one of them;
  • GST“ means the tax imposed or sought to be imposed by the GST Acts;
  • GST Acts“ means A New Tax System (Goods and Services Tax) Act 1999and related imposition Acts of the Commonwealth;
  • Guarantor“ means the director of the Buyer where the Buyer is a proprietary limited company, and where more than one, each of them jointly and severally;
  • Indirect or Consequential Loss“ includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms of Use or any sale or supply of Goods by COBURNS to the Buyer;
  • Intellectual Property“ means any intellectual or industrial property owned by COBURNS or used in connection with the business of COBURNS, including without limitation:
  • any graphics, logos distinctive brand features, text, icons and the arrangement of them;
  • any patent, know/how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
  • any licence or the right to use or to grant the use or to be the registered proprietor or user, of any of the foregoing;
  • any computer software licence agreement and maintenance agreements;
  • the trade marks, business names, whether registered or unregistered of COBURNS;
  • any registered domain names of COBURNS;
  • any intellectual property created by contractors or other third parties engaged by COBURNS or a related party of COBURNS and vested in COBURNS by way of agreement; and
  • any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the COBURNS;
  • Interest Rate“ means three per centum (3%) per calendar month;
  • Law“ means all statutes, ordinances, regulations, subordinate legislation, by-laws, industrial laws, Australian standards and all orders, directions, codes of practice or requirements of any Authority;
  • PPS Act“ means Personal Property Securities Act2009 (Cth);
  • Price“ means, in respect of Goods agreed to be sold or supplied by COBURNS to the Buyer, the price payable by the Buyer to COBURNS for those Goods, in accordance with the Price List and these Terms of Use;
  • Price List“ means the list of Goods and prices for those Goods, notified by COBURNS to the Buyer, as current from time to time;
  • Privacy Act“ means the Privacy Act1988 (Cth);
  • Promotional Material“ means any material provided by COBURNS to the Buyer for the purpose of promoting sales of Goods and includes all Intellectual Property in that material;
  • You“ means the user of the website and includes all Buyers.

INTERPRETATIONS

Unless the context otherwise requires:

  1. references to a party in these Terms of Use includes the executors, administrators, successors and permitted assigns of that party;
  2. references to any statute, ordinance or other Law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactment’s or replacements thereof;
  3. words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
  4. where any word or phrase is given a defined meaning in these Terms of Use, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
  5. headings included in these Terms of Use are for convenience only and must be disregarded in the construction of these Terms of Use.

WEBSITE CONTENT

  1. COBURNS may, at any time, add or remove content from this website without notice.
  2. Any articles, information or content published on this website must be read subject to these Terms of Use.
  3. Although COBURNS uses its best endeavours to confirm the accuracy of any information published on this website, You agree that COBURNS cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to COBURNS. You agree to make your own enquiries to verify information provided.
  4. The information, materials and services on or available through this website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through this website is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to COBURNS.
  5. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, COBURNS does not in any way represent that COBURNS recommends or endorses the relevant advertiser, its products or services.
  6. Neither COBURNS nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. Neither You nor any other person may hold COBURNS liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
  7. COBURNS may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. COBURNS does not accept any responsibility in connection with your participation in activities conducted by any other party.

USE OF THE WEBSITE

  1. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable Law or regulation and/or generally accepted practices or guidelines.
  2. You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
  3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.
  4. COBURNS may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at its discretion and without prior notice to You.
  5. COBURNS may in its sole discretion restrict your access to this website. If COBURNS does this, You may be prevented from accessing all or parts of the website. COBURNS will not be liable to You or any third party for doing so.
  6. As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
  7. COBURNS may impose limits or restrictions on the use You may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, COBURNS may withdraw this website, or change or remove website functionality at any time without notice to You.

INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by COBURNS or a related body corporate of COBURNS, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international Law and nothing in these Terms of Use gives You a right to use any of them.
  2. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. COBURNS makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
  3. You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of COBURNS or, in the case of third party material, from the owner of the copyright in that material.
  4. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
  5. If You correspond or otherwise communicate with COBURNS, You automatically grant to COBURNS an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
  6. The Buyer acknowledges and agrees that all Intellectual Property including in the Goods is owned by COBURNS or a related body corporate of COBURNS, and that the Intellectual Property including in the Goods remains the property of its respective owners and must not be used in any manner without the prior written consent of the owner. The Intellectual Property rights are protected by Australian and international Law and nothing in these Terms of Use gives the Buyer a right to use any of them.
  7. Title to the Intellectual Property shall at all times remain with COBURNS and nothing contained herein or permitted pursuant to these Terms of Use shall confer upon You any right or property or interest in the Intellectual Property.
  8. You acknowledge that to the extent permissible by Law, the Intellectual Property is the exclusive property of, and is owned by, COBURNS, if the Goods are transformed or mingled with other goods.
  9. You must not at any time, without the prior express written consent of COBURNS, apply for registration of any patent, business name, trade mark, company name or domain name which includes the Intellectual Property or any part of the Intellectual Property or is substantially similar to the Intellectual Property.

LINKS TO OTHER WEBSITES

  1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the control of COBURNS and COBURNS is not responsible for the operation, availability or content of any linked website or any link contained in a linked website. COBURNS provides these links to You for convenience only and the inclusion of any link does not imply an endorsement by COBURNS in relation to the linked website. You access linked websites at your own risk. Subject to Law and any non-excludable rights, COBURNS disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all websites belonging to other parties that You visit.
  2. COBURNS reserves the right to prevent third parties from linking to this website.

SECURE DATA AND TRANSMISSIONS

  1. Given the nature of the internet, COBURNS cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and COBURNS does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst COBURNS and its third parties take precautions to protect information, COBURNS does not warrant and cannot ensure the security of any content or information You transmit via the website. You therefore use the website at your own risk. However, once COBURNS or its third party receives your transmission, COBURNS and its third parties will take reasonable steps to preserve its security.
  2. You must take your own precautions to ensure that the process which You use to access the website or any website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither COBURNS nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

APPLICATION OF TERMS OF USE

Subject to Law:

  1. each offer or request made by the Buyer to COBURNS for the sale or supply of any Goods shall be deemed to be made subject to these Terms of Use; and
  2. each sale or supply of Goods by COBURNS to the Buyer shall be deemed to be made in accordance with these Terms of Use, despite any contrary provision in any offer or request made by the Buyer to COBURNS, or otherwise.

PRICES AND PAYMENT

  1. With each delivery of Goods sold or supplied by COBURNS to the Buyer, COBURNS may issue to the Buyer an invoice for:
    (a)the Price of the Goods delivered, calculated in accordance with the Price List for those Goods current on the date of acceptance by COBURNS of an order from the Buyer in respect of those Goods; and
    (b)all applicable delivery charges, freight, levies, goods and services taxes and any other taxes or charges applicable to the supply of those Goods.
  2. COBURNS may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.
  3. The Buyer must pay COBURNS for Goods supplied by the Due Date.
  4. The Buyer must not deduct any amounts from any payments owing to COBURNS (whether by way of set-off or otherwise) unless otherwise agreed in writing by COBURNS.
  5. COBURNS will issue a tax invoice for each taxable supply that COBURNS makes to the Buyer. Without limiting any other provision of these Terms of Use, or otherwise, the Buyer must pay to COBURNS, each amount referred to as GST on the tax invoice.
  6. All prices, charges, fees or other amounts payable by the Buyer to COBURNS in accordance with any Price List, invoice or statement shall be calculated without including an amount for GST, unless it is clearly stated in that Price List, invoice or statement that the prices, charges, fees or other amounts payable include GST.
  7. Despite any other provision in these Terms of Use, or otherwise, each payment to be made by the Buyer to COBURNS must be made together with an additional amount equal to the GST on the supply or component of the supply (made or to be made) giving rise to, or in connection with, that payment.
  8. If COBURNS is required to reimburse the Buyer for any expense or liability incurred, the amount of the reimbursement payment must be reduced by the amount of any input tax credit claimed in connection with that expense of liability.
  9. The Price must be paid in cleared funds, by credit card by the Due Date.

INTEREST

If the Buyer fails to make a payment for Goods by the Due Date, interest will accrue at the Interest Rate from the Due Date until the date on which such payment is made.

LIMITATION OF LIABILITY

  1. COBURNS acknowledges that the CC Act and similar State and Territory legislation confer certain rights and remedies on the Buyer in relation to the sale or supply by COBURNS to the Buyer of Goods, pursuant to these Terms of Use, or otherwise, which cannot be excluded, restricted or modified by agreement (“Non-Excludable Rights”). COBURNS does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten Law in relation to any sale or supply by COBURNS to the Buyer of Goods.
  2. Subject to Law, COBURNS makes no representation and gives no warranty in relation to any sale or supply of Goods by COBURNS to the Buyer.
  3. The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or on behalf of COBURNS in relation to any sale or supply of Goods pursuant to these Terms of Use, and will not rely upon any representation or warranty made by or on behalf of COBURNS in relation to any future sale or supply of Goods by COBURNS to the Buyer, which is not expressly agreed in writing by COBURNS prior to the sale or supply of those Goods, subject in all respects to the written Law.
  4. To the extent permitted by Law, in respect of each sale or supply of Goods by COBURNS to the Buyer:
    (a) each CC Act Implied Term is expressly excluded; and
    (b) the liability of COBURNS is limited to the lowest of the cost of replacing the Goods, supply of equivalent product, or having the Goods repaired.

ADVERTISING

Other than as required by Law, You must refrain from:
(a) naming COBURNS in any content, advertising, marketing or promotion; and
(b) disclosing the identity of COBURNS to any third party in relation to the creation or supply of the Goods,
unless expressly authorised by COBURNS in writing.

PROVISION OF MATERIAL BY COBURNS

  1. All Promotional Material shall at all times remain the property of COBURNS.
  2. You must return all Promotional Material to COBURNS upon demand by COBURNS.

FREIGHT, INSURANCE AND DELIVERY

  1. COBURNS will, if requested by the Buyer, at the cost and risk of the Buyer, arrange for the delivery of Goods to the Buyer at the address nominated by the Buyer.
  2. Risk in Goods sold by COBURNS to the Buyer passes from COBURNS to the Buyer upon despatch from the warehouse of COBURNS. 3. COBURNS has no obligation to arrange for insurance of Goods against the risks of carriage.
  3. If COBURNS agrees to arrange freight and insurance, or both, in respect of any Goods sold or supplied by COBURNS to the Buyer, the Buyer must pay and reimburse COBURNS for all such costs.
  4. COBURNS shall not be liable for any loss or damage due to any failure by COBURNS to deliver any Goods promptly, or at all.
  5. Delivery dates or times indicated by COBURNS to the Buyer are approximate only and do not constitute a guarantee of delivery or delivery by such date or time. No time of the essence transaction will be considered by COBURNS unless agreed in writing by COBURNS.
  6. Subject to these Terms of Use, no Goods shall be placed on Back Order.
  7. Goods may be placed on Back Order if agreed in writing by COBURNS. Those Goods shall be supplied by COBURNS as soon as reasonably practicable upon COBURNS receiving those Goods.
  8. COBURNS may, in the sole discretion of COBURNS, delay delivery of any Goods until COBURNS has received payment from the Buyer of all money due by the Buyer to COBURNS in respect of those Goods and any other Goods previously sold by COBURNS to the Buyer.

CLAIMS, RETURNS OR CANCELLATION OF ORDERS

  1. The Buyer has no right to cancel, or vary, any order for Goods after COBURNS has accepted that order.
  2. If for any reason COBURNS permits the Buyer to cancel an order for Goods, the Buyer must pay COBURNS a fee equivalent to twenty five percent (25%) of the price for those Goods that would, apart from cancellation of the order, be payable by the Buyer to COBURNS.
  3. If COBURNS accepts a return of Goods from the Buyer, any amount payable by COBURNS to the Buyer as a result of that return of Goods is not payable in cash by COBURNS to the Buyer, but may only be applied in reduction of the price payable by the Buyer to COBURNS for future Goods sold by COBURNS to the Buyer.

RISK

Risk in all Goods sold or supplied by COBURNS to the Buyer passes to the Buyer upon the first to occur of:

  1. delivery of those Goods by COBURNS to the Buyer; or
  2. despatch by COBURNS of those Goods from the warehouse of COBURNS to the Buyer.

PERSONAL PROPERTIES SECURITIES ACT 2009 (CTH)

  1. Notwithstanding any other term, the Goods and any other products delivered by COBURNS to the Buyer shall remain the sole and absolute property of COBURNS as legal and equitable owner, until the date the first of the following occurs:
    (a) there are no longer any amounts owing to COBURNS for those Goods;
    (b) COBURNS registers a Financing Statement (as that term is defined in the PPS Act) in respect of those Goods; and
    (c) the Buyer sells or transforms those Goods in accordance with this clause.
  2. Until and unless the Buyer has paid COBURNS in full for the Goods, the Buyer must:
    (a) store those Goods on its premises separately from any other goods that may be in the possession of the Buyer and in a manner which makes them readily identifiable as the COBURNS’s Goods;
    (b) hold those Goods as the COBURNS’s bailee;
    (c) return those Goods to COBURNS on demand; and
    (d) immediately pay to COBURNS the proceeds of any sale of those Goods or hold any proceeds of the sale of those Goods on trust for COBURNS in a separate account.
  3. The Buyer agrees that the Buyer shall only sell Goods in respect of which the Buyer has not made full payment to COBURNS on the conditions that any such sale is conducted at arm’s length and is for the full market value of those Goods and COBURNS has not demanded the return of those Goods.
  4. The Buyer grants to COBURNS a Purchase Money Security Interest (as that term is defined in the PPS Act), in all Goods as security for all amounts owing and unpaid by the Buyer to COBURNS in respect of those Goods.
  5. COBURNS may apply to register a Financing Statement, or a Financing Change Statement (as that term is defined in the PPS Act), from time to time, in relation to a Purchase Money Security Interest, without notice to the Buyer.
  6. Until all amounts owing to COBURNS for Goods have been received from the Buyer by COBURNS, the Buyer grants an exclusive, irrevocable licence to COBURNS to enter any premises where Goods for which payment in full has not been received by COBURNS are kept to take possession of those Goods and to use all reasonable force in doing so without any liability for any resulting damage.
  7. The Buyer acknowledges and agrees that COBURNS may exercise any and all remedies afforded to a Secured Party (as that term is defined in the PPS Act) under the PPS Act including, but not limited to, entry into any building or premises owned, occupied, or used by the Buyer, to search for and seize, dispose of or retain those Goods in respect of which the Buyer has granted to COBURNS a Purchase Money Security Interest.
  8. The Buyer and COBURNS agree to exclude the following sections of the PPS Act in respect of all Goods:
    (a) sections 95, 121(4), 130 and 135 of the PPS Act (to the extent that COBURNS is required to give notice to the Buyer); and
    (b) sections 96, 120, 125, 129(2), 132(3)(d), 132(4), 135, 142 and 143 of the PPS Act.
  9. To the extent permitted under the PPS Act, the Buyer expressly waives its right to receive from COBURNS a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.
  10. The Buyer warrants that it is not at the time of entering into these Terms of Use insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.
  11. These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to such COBURNS may give credit to the Buyer.

GUARANTEE

  1. The Buyer unconditionally and irrevocably guarantees to COBURNS:
    (a) where the Buyer is an Approved Creditor, the proper and punctual performance of all of its obligations under the credit arrangements between the Buyer and COBURNS, including as to the veracity of the information contained in the Application for Credit and payment of all monies owing;
    (b) the payment on demand of the whole of the Price;
    (c) the performance and observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use.
  2. In addition to the obligations of the Buyer, where the Buyer is a proprietary limited company, the Guarantor unconditionally and irrevocably guarantees to COBURNS:
    (a) where the Buyer is an Approved Creditor, the proper and punctual performance of all of its obligations under the credit arrangements between the Buyer and COBURNS, including as to the veracity of the information contained in the Application for Credit and payment of all monies owing;
    (b) the payment on demand of the whole of the Price;
    (c) the performance and observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use.

INDEMNITY

  1. The Buyer unconditionally and irrevocably indemnifies and agrees to keep indemnified COBURNS and the servants and agents of COBURNS against any loss, damage, expense, Claims or obligation which the Buyer has or may suffer or incur by reason of:
    (a) any breach of these Terms of Use by the Buyer or any person claiming through or under the Buyer;
    (b) the non-payment of the Price;
    (c) the non-performance or non-observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use or any credit arrangement between the Buyer and COBURNS,
    and the obligation of the Buyer under this clause is undertaken by the Buyer as a principal and is independent of and in addition to the obligations of the Buyer under the clause above entitled “Guarantee”.
  2. In addition to the obligations of the Buyer, where the Buyer is a proprietary limited company, the Guarantor unconditionally and irrevocably indemnifies and agrees to keep indemnified COBURNS and the servants and agents of COBURNS against any loss, damage, expense, Claims or obligation which the Buyer has or may suffer or incur by reason of:
    (a) any breach of these Terms of Use by the Buyer or any person claiming through or under the Buyer;
    (b) the non-payment of the Price;
    (c) the non-performance or non-observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use or any credit arrangement between the Buyer and COBURNS,
    and the obligation of the Guarantor under this clause is undertaken by the Guarantor as a principal and is independent of and in addition to the obligations of the Guarantor under the above clause entitled “Guarantee”.
  3. Subject to Law, COBURNS has no liability to the Buyer, or any person claiming through or under the Buyer for Indirect or Consequential Loss.

PRIVACY ACT 1988 (CTH)

  1. COBURNS is aware of its obligations under the Privacy Act including under the Australian Privacy Principles, and it takes these obligations very seriously and will at all times comply with its obligations under the Privacy Act.
  2. You consent to the collection and use of Personal Information (as defined in the Privacy Act) by COBURNS in order to enable COBURNS to carry on its business and supply the Goods.

INVALIDITY

If the whole or any part of a provision of these Terms of Use is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

VARIATION

These Terms together with any Application for Credit, contain the whole contract between COBURNS and the Buyer and no variation of these Terms of Use is binding on COBURNS unless in writing signed by COBURNS.

TERMINATION

  1. COBURNS may terminate these Terms of Use and the arrangements between the Buyer and COBURNS at any time.
  2. Without prejudice to any other rights COBURNS may have under these Terms of Use or at Law, COBURNS may terminate the obligations of COBURNS under these Terms of Use if:
    (a) the Buyer is in breach of any obligation on the part of the Buyer under these Terms and such breach is not remedied by the Buyer within five (5) business days after service by COBURNS upon the Buyer of a written notice requiring the Buyer to rectify the breach;
    (b) the Buyer becomes insolvent; or
    (c) an administrator, receiver or receiver and manager is appointed in respect of the Buyer or all or any of the assets of the Buyer.
  3. For the avoidance of doubt, upon termination of these Terms of Use, all amounts owing by the Buyer to COBURNS under these Terms are immediately payable by the Buyer to COBURNS

ENTIRE AGREEMENT

These Terms of Use together with any Application for Credit comprise the entire agreement between the Buyer and COBURNS and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms of Use will have any effect from the date of these Terms of Use.

ASSIGNMENT

  1. The Buyer must not assign any of the rights of the Buyer pursuant to these Terms of Use or, without the prior written consent of COBURNS, which may be refused in the absolute discretion of COBURNS. Any consent by COBURNS will not release the Buyer from any obligation of the Buyer pursuant to these Terms of Use.
  2. COBURNS may assign all or any of the rights of COBURNS pursuant to these Terms of Use.

NO AGENCY

The Buyer will not by virtue of these Terms be, or for any purpose be deemed to be, an agent of COBURNS.

COOKIES

Cookies may be used on this website to gather data in relation to this website and You consent to this (although You may be able to disable cookies on your web browser).

USE OF YOUR INFORMATION AND MATERIAL

COBURNS appreciates any suggestions (“unsolicited ideas”) You may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that You submit will not be regarded as confidential and will become the property of COBURNS. COBURNS may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate You.

DISCLAIMER

  1. COBURNS makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable Law.
  2. COBURNS does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which You may directly or indirectly suffer in connection with your use of this website or any linked website, nor does COBURNS accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by Law, COBURNS disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
  3. The use of the information on this website is at your own risk. To the extent permitted by Law, COBURNS excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by Law, COBURNS limits its liability to the re-supply of the relevant information or services.
  4. You agree to indemnify COBURNS and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that You provide via this website or any damage that You may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the Law of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If You access this website in a jurisdiction other than New South Wales, Australia, You are responsible for compliance with the Law of that jurisdiction, to the extent that they apply. COBURNS makes no representations that the content of this website complies with the Laws of any country outside Australia.

GENERAL

These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by You to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

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