909 WEB SITE TERMS AND CONDITIONS

 

1.    General
1.    1.1 This website is owned and operated by Globalpowerbrands International  Pty Ltd (“909”, “us” or “we”).
2.    1.2 Your access to and use of this site is governed by these terms and conditions.


2.    Compliance
1.    2.1 You agree to be bound by, and comply with, these terms and conditions by browsing this site.
2.    2.2 You agree to comply with all relevant laws relating to your use of this site.


3.    Your Account
1.    3.1 If you register an account with us, you must not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through this site.
2.    3.2 If you choose to use a workplace email address for your account or to access this site, then you are solely responsible for ensuring that you comply with the rules, policies and protocols that apply to the use of your email address and your workplace facilities.
3.    3.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.


4.    Links to other websites
This site may contain links to third party websites that are not owned and operated by us. These links are provided for your convenience only and:
1.    we make no representations or warranties, and have no responsibility or liability for, those websites; and
2.    these links do not indicate, expressly or impliedly, that we endorse those websites or any individuals, businesses, products or services that are promoted or provided at those websites.
You should carefully review the privacy policies and conditions of use for those websites.


5.    Products and services promoted on this site
1.    Details of products, services and prices if listed at this site are indicative only and may not be current or complete. We reserve the right to vary or modify our product and services catalogue and prices, and the information appearing at this site without notice.
2.    Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by 909. We make no representation that the products listed in this site are currently available at any or all of the retailers we advertise. For full details of product information, product price, and conditions contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or 1800 909 909
3.    The appearance of a product or service listing at the site does not constitute an offer to sell the product or service to which the listing relates. We do not guarantee product or service availability or the accuracy of prices listed on this site, and it is your responsibility to verify price and availability with your local store or distribution centre.
4.    We do not make any warranty that goods or services promoted at this site will meet your requirements.


6.    What you must not do
1.    6.1 You must not:
1.    (a) use this site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cwlth);
2.    (b) use this site in a manner or way, or post to or transmit to or via this site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this site;
3.    (c) use any data listed on this site for commercial purposes e.g. through price or information scraping;
4.    (d) make fraudulent or speculative enquiries or requests through this site;
5.    (e) use another person’s details without their permission or impersonate another person when using this site;
6.    (f) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
7.    (g) tamper with or hinder the operation of this site;
8.    (h) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this site;
9.    (i) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this site;
10.    (j) modify, adapt, translate or reverse engineer any portion of this site;
11.    (k) remove any copyright, trade mark or other proprietary rights notices contained in or on this site;
12.    (l) reformat or frame any portion of the web pages that are part of this site;
13.    (m) create accounts by automated means or under false or fraudulent pretences;
14.    (n) use this site to violate the security of any computer or other network or engage in illegal conduct;
15.    (o) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
16.    (p) use this site other than in accordance with these terms and conditions; or
17.    (q) attempt any of the above acts or engage or permit another person to do any of the above acts.


7.    Specific warnings
1.    We attempt to be as accurate as possible. However, we do not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this site is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on this site to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.
2.    We may use cookies to gather data in relation to this site and you consent to us doing so (although you may be able to disable cookies on your web browser).


8.    Liability
1.    8.1 Subject to clause 8.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to this site or the subject matter of this agreement. You acknowledge that this site is provided “as is” and that we do not make any warranty or representation as to the suitability of this site or any product or service for any purpose.
2.    8.2 Subject to clause 8.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
3.    8.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term or any statutory guarantee conferred by legislation will be, if permitted by law, limited to one of the following remedies (at our option):
1.    (a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
2.    (b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
4.    8.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
5.    8.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.


9.    Intellectual property
This site and its contents are subject to copyright which is owned by us or a third party. We do not grant you any intellectual property rights in this site, its applications, interface or contents. You must not use any trademark displayed on this site.


10.    Termination

1.    10.1 We may immediately suspend, terminate or limit your access to and use of this site and (where relevant) your account if you breach these terms and conditions and:
1.    (a) the breach cannot be remedied; or
2.    (b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
3.    (c) if there is an emergency or we need to perform some maintenance on our site.
2.    You may stop using this site at any time and for any reason.
3.    From time to time, business strategies change. As such, we may in the future, stop making this site (or any part of it) available.


11.    Privacy policy
11.1. Globalpowerbrands International Pty Ltd trading as 909 specifies the following privacy statement relating to the collection, management and use of personal information obtained from you. Globalpowerbrands International Pty Ltd complies with the requirements of the Privacy Act 1988 ('Act') and the National Privacy Principles ('NPPs'). The Act and the NPPs set out how Globalpowerbrands International Pty Ltd and other organisations may collect, use, keep, secure and disclose personal information. Individuals are also granted the right to know what information an organisation holds about them and also a right to correct it if it is wrong.

11.2. Globalpowerbrands International Pty Ltd will update this Privacy Statement from time to time by way of written notice and/or posting any changes on the  909 website so that you will always be aware of the sort of information collected, how the information may be used, and under what circumstances it may be disclosed by Globalpowerbrands International Pty Ltd.

11.3. Personal Information is any information or opinion from which an individual's identity may be ascertained. Globalpowerbrands International Pty Ltd only collects information that is necessary to assist us in providing our services. Globalpowerbrands International Pty Ltd generally collects personal information such as:
Name and address if you request a 909 product catalogue
Name, address, email details and telephone number if you register a warranty on line.
11.4. Globalpowerbrands International Pty Ltd collects and uses personal information for a number of purposes such as:

  • To send out catalogues and product information from time to time
  • To verify process and authorise warranty claims
  • To send out special promotional offers

Globalpowerbrands International Pty Ltd may need to disclose Personal Information to various organisations or parties such as government organisations where the information to be released is required by law and also its sub-contractors, business partners, agents and related companies to provide the above services.

11.5. In addition, Globalpowerbrands International Pty Ltd may be required to disclose information to enforce and defend its rights and liabilities including all contractual arrangements and/or to protect the interests of Globalpowerbrands International Pty Ltd clients, customers, contractors, employees and agents.

11.6. Globalpowerbrands  International Pty Ltd will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you in circumstances other than those set out herein without your prior consent in writing.


12.    Use of your information and materials
12.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via this site, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy.


13.    Jurisdiction
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.


14.    Amendment to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at this site. By continuing to use this site following such notification, you agree to be bound by the terms and conditions as amended.


15.    Severability
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

 

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