The Environmental Group Limited
Terms & Conditions
1 GENERAL
1.1 These Terms & Conditions apply to your use, for whatever purpose, of the website at https://environmental.com.au/ (Website) provided by The Environmental Group Limited (ACN 000 013 427) (The Environmental Group), and to the entire contents of the Website. Please read them carefully before using the Website.
1.2 By accessing any part of the Website and/or participating in any online discussion forum instigated by The Environmental Group, you will be deemed to have accepted these Terms & Conditions in full, and they will constitute a legally binding contract between The Environmental Group and you. Accordingly, if you do not agree with any part or all of these Terms & Conditions, please do not use the Website or participate in any online discussion forum instigated by The Environmental Group.
1.3 The Environmental Group may amend these Terms and Conditions from time to time, by publishing the amended Terms & Conditions on the Website. The Environmental Group will endeavour, to the extent possible, to notify you of the update in a timely manner by electronic or other means. However, each time you use the Website it is your responsibility to review these Terms & Conditions and inform yourself of any amendments made. If you access or use the Website after any amendments are published, you are taken to have agreed to those amendments.
2 USE OF WEBSITE AND PURPOSE
2.1 The Environmental Group grants you a non-exclusive licence to use the Website, subject to these Terms & Conditions. The Environmental Group may, using its reasonable discretion, terminate this licence and your access to the Website and/or online discussion forums any at any time without prior notice to you.
2.2 The Website is not intended to be used by persons under the age of 18 years. It is The Environmental Group’s policy not to require Personal Information from persons known to be under the age of 18 years nor to offer to send any promotional material to such persons.
2.3 The purpose of the Website is to:
2.3.1 provide information to you about The Environmental Group and its subsidiaries, including
(a) products and services available from The Environmental Group and its subsidiaries;
(b) prices of the products and services that are available through the Website or a website belonging to one or more of its subsidiaries;
(c) the location of the offices of The Environmental Group and its subsidiaries;
(d) the social media platforms of The Environmental Group and its subsidiaries;
(e) online ordering for products that are available through the Website or a website belonging to one or more of its subsidiaries; and/or
(f) promotions; and
2.3.2 to facilitate online discussion forums instigated by The Environmental Group.
2.4 Your use of the Website and the online discussion forums must be for lawful purposes only.
2.5 The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you via the Website or via the online discussion forums whether posted by The Environmental Group or its representatives or by a third-party.
2.6 You agree that you are solely responsible for having the infrastructure (including internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.
2.7 If you wish to use The Environmental Group’s online ordering system (or that of one of our subsidiaries) you will be required to accept and will be bound by additional terms & conditions applicable for placing orders online, which will form part of these Terms & Conditions.
2.8 If you wish to participate in a promotion or competition conducted by The Environmental Group, you will be required to accept and will be bound by the Promotion or Competition Terms & Conditions relevant to the particular promotion or competition which will form part of these Terms & Conditions.
3 INTELLECTUAL PROPERTY
3.1 All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by The Environmental Group or licensed to The Environmental Group and is protected by copyright, trade mark and/or other laws in Australia.
3.2 The trade marks displayed on the Website are owned by The Environmental Group or licensed to The Environmental Group, or are otherwise properly used by The Environmental Group, and some of those trade marks are registered in Australia. The Environmental Group does not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
3.3 If, after obtaining The Environmental Group’s written consent, you use any of The Environmental Group’s trade marks in reference to The Environmental Group’s activities, products or services, you must include a statement attributing that trade mark to The Environmental Group. You must not use any of our trade marks:
3.3.1 in or as the whole or part of your own trade marks;
3.3.2 in connection with activities, products or services which are not The Environmental Group’s;
3.3.3 in a manner which may be confusing, misleading or deceptive;
3.3.4 in a manner that disparages The Environmental Group or its information, products or services (including any Website or online discussion forum);
3.4 You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, adapt, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without The Environmental Group’s prior written consent.
4 AVAILABILITY AND ACCESS
4.1 While The Environmental Group tries to make the Website available 24 hours a day 7 days a week (except for times for necessary maintenance and updates), The Environmental Group does not guarantee that the Website will be available 24 hours a day 7 days a week.
4.2 Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond The Environmental Group’s control.
4.3 The Environmental Group is not liable if for any reason the Website is unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.
5 CHANGES TO WEBSITE
5.1 The Environmental Group reserves the right to amend and/or update the content on the Website at any time. You agree that the content, information, details and descriptions set out on the Website, including the details of products, services, and prices may change from time to time and you will be bound by these charges from the date the changes are published on the Website
5.2 The Environmental Group reserves the exclusive right to change, add or delete the design and content of the Website or discontinue publishing its products and services on a temporary, permanent or indefinite basis.
5.3 You agree that The Environmental Group is not required to give prior notice in exercising these rights and in the event of this occurring, you are not entitled make any claims for compensation, damages or any other type.
6 YOUR MATERIAL AND CONDUCT
6.1 Other than your personal information, which is covered by The Environmental Group’s privacy policy, any material you transmit or post to the Website will be taken to be non-confidential and non-proprietary. The Environmental Group has no obligations with respect to such material. The Environmental Group, its subsidiaries and associated entities and business partners will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in it for any commercial or non-commercial purposes.
6.2 You are prohibited from posting or transmitting to or from the Website or on any online discussion forum instigated by The Environmental Group, any material:
6.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, is inappropriate, off topic, repetitive or vexations, or which may cause annoyance to, or inconvenience for, The Environmental Group or any other person; or
6.2.2 for which you have not obtained all necessary licences and/or approvals; or
6.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
6.2.4 seeks to solicit donations, seeks to endorse commercial products or service or contains unsolicited advertising or promotional materials; or
6.2.5 impersonates someone else and/or posting on behalf of a person previously prohibited from access or
6.2.6 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 The Environmental Group reserves the rights to:
6.3.1 remove any content posted by you that is in breach of these Terms & Conditions;
6.3.2 for serious or repeated breaches (in the reasonable opinion of The Environmental Group), block or terminate your access to the Website or online discussion forum;
6.4 It is The Environmental Group’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing The Environmental Group to disclose the identity or locate anyone posting any material in breach of this clause 6 or any law.
6.5 You must not misuse the Website (including, without limitation, by hacking).
6.6 You warrant that:
6.6.1 all material posted is your original work and not sourced from any third party; or
6.6.2 you have obtained all necessary permissions and licenses to enable you to post any material owned by a third-party on the Websites or online discussion forum and to grant the licence or sublicence to The Environmental Group specified in clause 6.7 below.
6.7 If you submit material to the Website or any online discussion forum instigated by The Environmental Group,
6.7.1 If the copyright is owned by you, you assign all copyright which subsists in such material to The Environmental Group without having to do anything further; or
6.7.2 If such copyright is not capable of assignment you grant The Environmental Group a royalty free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose The Environmental Group determines.
6.8 When posting any online discussion forum instigated by The Environmental Group, you will:
6.8.1 treat other users of The Environmental Group online discussion forum with respect;
6.9 The Environmental Group does not warrant that it will respond to questions or comments by you to the online discussion forum.
6.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, is inappropriate, off topic, repetitive or vexations, or which may cause annoyance to, or inconvenience for, The Environmental Group or any other person; or
6.2.2 for which you have not obtained all necessary licences and/or approvals; or
6.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
6.2.4 seeks to solicit donations, seeks to endorse commercial products or service or contains unsolicited advertising or promotional materials; or
6.2.5 impersonates someone else and/or posting on behalf of a person previously prohibited from access or
6.2.6 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 The Environmental Group reserves the rights to:
6.3.1 remove any content posted by you that is in breach of these Terms & Conditions;
6.3.2 for serious or repeated breaches (in the reasonable opinion of The Environmental Group), block or terminate your access to the Website or online discussion forum;
6.4 It is The Environmental Group’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing The Environmental Group to disclose the identity or locate anyone posting any material in breach of this clause 6 or any law.
6.5 You must not misuse the Website (including, without limitation, by hacking).
6.6 You warrant that:
6.6.1 all material posted is your original work and not sourced from any third party; or
6.6.2 you have obtained all necessary permissions and licenses to enable you to post any material owned by a third-party on the Websites or online discussion forum and to grant the licence or sublicence to The Environmental Group specified in clause 6.7 below.
6.7 If you submit material to the Website or any online discussion forum instigated by The Environmental Group,
6.7.1 If the copyright is owned by you, you assign all copyright which subsists in such material to The Environmental Group without having to do anything further; or
6.7.2 If such copyright is not capable of assignment you grant The Environmental Group a royalty free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose The Environmental Group determines.
6.8 When posting any online discussion forum instigated by The Environmental Group, you will:
6.8.1 treat other users of The Environmental Group online discussion forum with respect;
6.9 The Environmental Group does not warrant that it will respond to questions or comments by you to the online discussion forum.
7 COOKIES
7.1 A “cookie” is a small text file placed on your computer by a web server when you access a web site. The cookie identifies the computer being used, but not individual user. Like many other websites, the Website uses cookies to make a record of your visit to the Website, and will record the following information:
7.1.1 your server address;
7.1.2 your top level domain name;
7.1.3 the date and time of access to the Website;
7.1.4 the pages accessed and documents downloaded;
7.1.5 the previous web site visited; and
7.1.6 the type of browser software in use.
7.2 The Environmental Group uses this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
7.3 You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
8 DISCLAIMER
8.1 While The Environmental Group uses reasonable endeavours to ensure that the information The Environmental Group posts on the Website, including environmental information, product names, product descriptions, is correct, The Environmental Group does not warrant the accuracy, currency, completeness or usefulness of any information or content contained in on the Website or any online discussion forum.
8.2 You acknowledge and agree that The Environmental Group may be a distributor, not a publisher, of content on its Website and online discussion forums. To that extent The Environmental Group editorial control is limited to the selection of materials to make available.
8.3 Any opinions or advice by third parties remain the responsibility of those third parties and The Environmental Group does not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on the Websites or online discussion forums communities contains opinions or judgments of third parties, The Environmental Group does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. The Environmental Group does not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
8.4 The Environmental Group does not guarantee that the Website will be free from errors, viruses or other harmful components.
9 EXCLUSION AND LIMITATION OF THE ENVIRONMENTAL GROUP’S LIABILITY
9.1 You expressly agree that use of this Website is at your sole risk.
9.2 To the maximum extent permitted by law, The Environmental Group excludes all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion extends to:
9.2.1 all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(a) the use, inability to use or the results of use of the Website or of any websites linked to the Website or the material on such websites; or
(b) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website;
(c) any action taken or reliance by you on any information or content posted by The Environmental Group or any third party on the website; and
9.2.2 any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of profits or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 9.2.1,
except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
9.3 The Environmental Group’s liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at The Environmental Group’s option to:
9.3.1 in the case of goods supplied by The Environmental Group:
(a) the replacement of goods or the supply of equivalent goods;
(b) the repair of goods; or
(c) the refund of the price paid by you for goods; or
9.3.2 in the case of services supplied by The Environmental Group (including the provision or as part of the Website):
(a) the supply by The Environmental Group of the services again; or
(b) the refund of the price paid by you for the services.
10 RELEASE AND INDEMNITY
You hereby:
10.1 release and forever discharge The Environmental Group and its officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms & Conditions, might have had against The Environmental Group or its officers, employees, agents or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
10.2 covenant in favour of The Environmental Group and its officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 10.1; and
10.3 irrevocably indemnify The Environmental Group and its officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
10.3.1 the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
10.3.2 any breach of any of these Terms & Conditions by you.
11 WEBSITE LINK
11.1 Links to third party websites on the Website are provided solely for your convenience and may not remain current or be maintained. If you use these links, you leave the Website. The Environmental Group has not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. The Environmental Group therefore does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
11.2 You may not create links to the Website without The Environmental Group’s prior written consent.
12 PRIVACY
12.1 Your use of the Website may require you to submit Personal Information as that term is defined within the Privacy Act 1988 (Cth). The Personal Information that The Environmental Group collects and uses includes your name, address, mobile phone number, e-mail address and payment information (where applicable). Without the requested personal information, The Environmental Group may be unable to provide goods or services requested by you.
12.2 Your Personal Information may be used for purposes set out in The Environmental Group’s Privacy Policy. The Environmental Group’s Privacy Policy forms part of these Terms & Conditions and applies to all Personal Information submitted by you.
12.3 The Environmental Group may disclose your Personal Information to its related entities based in Ireland. Otherwise, unless The Environmental Group notifies you otherwise, The Environmental Group is unlikely to actively disclose your Personal Information overseas. However, use of certain programs or websites by The Environmental Group, may involve inadvertent disclosure overseas. Further information relating to the programs or websites being used and the countries to which your Personal Information may be disclosed, is contained in The Environmental Group’s privacy policy.
12.4 By using the Website and providing The Environmental Group with your Personal Information, you agree to The Environmental Group’s Privacy Policy and consent to The Environmental Group collecting, using, disclosing, processing, and storing your Personal Information in accordance with its Privacy Policy.
12.5 The Privacy Policy also contains information about how you may access or seek correction of your Personal Information, how to file a complaint and The Environmental Group will deal with your complaint.
12.6 To view The Environmental Group’s full Privacy Policy, please click here.
13 CONFLICT WITH OTHER PARTS OF WEBSITE
If there is any inconsistency or conflict between any of these Terms & Conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these Terms & Conditions prevail to the extent of the inconsistency or conflict.
14 FORCE MAJURE
The Environmental Group will not be liable for any failure to comply with these Terms & Conditions where such failure is due to circumstances beyond its reasonable control.
15 UNENFORCEABLE TERMS
If any provision of these Terms & Conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms & Conditions and the remaining provisions will continue in full force.
16 GOVERNING LAW AND JURISDICTION
These Terms & Conditions are governed by the law in force in Victoria, Australia. The Environmental Group and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.
17 WAIVER
No waiver of any of the provisions of these Terms & Conditions shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
18 ENTIRE AGREEMENT
These Terms & Conditions constitute the entire agreement between The Environmental Group and you in respect of the use of any The Environmental Group website and online discussion forum and any understanding, agreement, and/or representation implied or express (made by one party to the other) not expressly included in these Terms & Conditions are specifically excluded.
19 UPDATES
The Environmental Group reserves the right to update these terms of use at any time. The Environmental Group will endeavour, to the extent possible, to notify you of the update in a timely manner by electronic or other means. These changes may be made for legal, practical or improvement purposes. By continuing to access any part of the Website, you will be deemed to have accepted any updated terms of use in operation as at the date of your access.
20 RETURN TO THE WEBSITE OR ONLINE DISCUSSION FORUMS
To return to the Website or online discussion forum, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Terms & Conditions