This Web Site (the “Site”) is an online information service provided by Independent Letterbox Distributors (the “Company”), and is subject to your compliance with these terms and conditions set forth below.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by the Company through the Site. The right to use products or services by the Company is personal to you and is not transferable to any other person or company.
The Company reserves the right to change the terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright
The Company authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by the Company in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The company prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material (“Material”), are protected by Australian and foreign copyright and trademark laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Commercial Use of Material, Fees
The Company authorizes the use of textual and graphical material on this Site for your commercial use under special circumstances and to use such material in any publication for the fee of $500AUD + GST per copy for printed material or $500AUD + GST per page per day for online reproductions.
By using any graphical or textual material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offerred by this company.
Section 3. The Company’s Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
The Company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The Site and Material are provided on an ‘as is’ basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Section 4. Disclaimer of Consequential Damages.
In no event shall the Company, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Section 5. User Submissions.
Any communication which you post to the Site or transmit to the Company or to the Site by e-mail or other medium can be used by the Company on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of the Site for performance or non-performance of such activities. The Company reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7. Software Licenses.
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such Software (“License Agreement”). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes.
Section 11. General
The Site is based in Melbourne, Australia. The Company makes no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by laws of Australia, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and the Company with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by an authorized representative of the Company.
LETTERBOX DISTRIBUTORS PTY LTD TRADING AS INDEPENDENT LETTERBOX TRADING TERMS AND CONDITIONS
1.1. The Supplier is Letterbox Distributors Pty Ltd ACN 630 280 465 of 2/1 Stephenson Road, Bayswater North VIC 3153. 1.2. The Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for. 1.3. The Order is any request for the supply of Printed Products, Services and Distribution by the Customer to the Supplier which has been accepted by the Supplier. 1.4. The proof is any artwork, advertisement, image or logo supplied by the Customer. 1.5. The Printed Products are all of the leaflets, flyers, catalogues and other products provided by the Supplier or by the Customer in respect of which the Services are to be provided by the Supplier. 1.6. The Services includes the printing by the Supplier of the proof on the Printed Products (“the printing”) and the distribution of the Printed Products or other printed material supplied by the Customer (“the distribution”) with a specified geographical area (“the area”) and any storage by the Supplier of the Printed Products. 1.7. Any reference to the Printed Products and Services includes the Printed Products and/or the Services as the context requires. 1.8. Any reference to loss and damage includes indirect, reliance, special or consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property. 1.9. A Major failure is as defined under the Competition and Consumer Act 2010 (Cth). 1.10. GST refers to Printed Products and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.1. These terms and conditions together with the Supplier’s quotation, proof, and the Customer’s written order or purchase order document (if any) constitutes the agreement between the Supplier and the Customer (“the agreement”). 2.2. Any Order is deemed to incorporate these terms and conditions; which may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these terms and conditions will prevail. 2.3. The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator. 2.4. In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa. 2.5. Where more than one Customer completes this agreement each shall be liable jointly and severally. 2.6. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions. 2.7. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein. 2.8. The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 2.9. The Customer acknowledges that the Supplier may detail these terms and conditions on its website. In this event, the terms and conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such terms and conditions and/or amendments.
3. QUOTATIONS AND PLACEMENT OF ORDERS
3.1. Any quotation for the supply of Printed Products and Services given by the Supplier will expire after thirty (30) days. 3.2. The Supplier does not represent that it will provide any Printed Products and Services unless such Printed Products and services are included in the quotation or the Order. 3.3. A request for Printed Products and Services may be placed by the Customer with the Supplier verbally, online via the Supplier’s website or otherwise in writing however the Supplier may require the Customer to provide a written order or purchase order document prior to any Printed Products being printed, released to the Customer, dispatched or distributed by the Supplier. 3.4. As a condition of acceptance the Supplier may require pre-payment or a deposit in respect of the price of the Order and in this event the Supplier may not be deemed to have accepted the Customer’s request for Printed Products and Services unless or until such pre-payment or deposit has been paid by the Customer. 3.5. The Supplier may agree to provide, on request from the Customer, additional Printed Products and Services not included or specifically excluded in the quotation given or in the Customer’s Order (“a variation”). In this event, the Supplier shall be entitled to make an additional charge. 3.6. All prices quoted or advertised by the Supplier are based on taxes and statutory charges current at that time. Should these vary during the date of the Order to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
4. PRICE AND PAYMENT
4.1. GST will be charged on the price of the Printed Products and Services provided by the Supplier that attract GST at the applicable rate. 4.2. At the Supplier’s sole discretion the Price shall be either: 4.2.1. The Supplier’s quoted or advertised Price for the Order; or 4.2.2. As detailed on invoices provided by the Supplier to the Customer in respect of Printed Products and Services supplied. 4.3. The Customer must make full payment of the Price (or the balance thereof) within 7 days of the date of issue of the Supplier’s invoice for the Printed Products and Services unless otherwise specified or agreed between the Parties in writing. The Printed Products will only be distributed or otherwise released to the Customer on payment of the Price of the Order in full.
5. PROVISION OF THE PRINTED PRODUCTS AND SERVICES
5.1. The Supplier reserves its right to: 5.1.1. Decline requests for the supply of any Printed Products and Services requested by the Customer; 5.1.2. Cancel or postpone the provision of the Printed Products or the supply of the Services at its discretion. 5.2. Unless specified to the contrary in the quotation or the Order, the Supplier does not warrant that it will be capable of delivering the Printed Products or providing the Services on or by a specific day or at a specific time requested by the Customer. 5.3. Subject to otherwise complying with its obligations the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of performing the Services and delivering the Printed Products to the Customer.
5.4. The Printed Products supplied by the Customer are not deemed to pass into the possession, custody or control of the Supplier until unloaded by the Customer at the premises of the Supplier and a confirmation of the delivery or receipt of the Printed Product is provided in writing by an authorised representative of the Supplier to the Customer or the Customer’s agent. 5.5. The Customer must ensure that printed material for distribution is divided into equal or uniform bundles of no more than 500 pages per bundle and each weighing no more than 10 kg (“the weight limit”). In the event that any bundle of the Customer’s Printed Products exceeds the weight limit the Supplier may, in its sole discretion: 5.6. Refuse to accept delivery of [any] bundles of Printed Products that are in excess of the weight limit; or 5.7. Divide the bundles of the Printed Products into bundles not in excess of the weight limit and to make an additional charge at its prevailing rate to the Customer as a variation to the Customer’s Order. 5.8. The Supplier will store Printed Products pending the Customers instructions to distribute the Printed Products and reserves the right to charge its prevailing rate of $35.00 per pallet per month for storage. The Supplier further reserves the right to dispose of the Printed Products after one (1) month since the Printed Products passed into the Supplier’s possession, custody or control without notice to the Customer.
6.1. In this clause the “default date” is the day after the date by which payment of the Supplier’s invoice(s) was due to be made by the Account Customer to the Supplier and the “outstanding balance” is the price of the order less the deposit paid by the Customer. 6.2. The Customer will be liable for a dishonoured cheque fee of $40.00 for each cheque issued by the Customer and rejected by the Supplier’s bank. 6.3. If the Supplier does not receive the outstanding balance by the default date the Customer will be liable for: 6.3.1. Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis; 6.3.2. An account keeping fee of $35.00 to be charged at the end of each calendar month following the default date until the outstanding balance has been paid; 6.3.3. Any debt collection or recovery costs incurred by the Supplier; and if the Supplier’s debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by the Supplier to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery and the following formula shall apply: Original Debt x 100 Commission = 100 – Commission % charged by the agency (including GST) (n.b. in the event where the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au) 6.3.4. Any charges reasonably made or claimed by the Supplier’s or the agency’s lawyer for legal costs on the indemnity basis.
7. RISK AND LIABILITY
7.1. The Customer will ensure that there is sufficient and accurate information or a proof of sufficient quality to enable the Supplier to execute the Order. Sufficient information includes any special requirements or specifications pertaining to the Order and any special instructions for the storage, packing or delivery of the Printed Products. 7.2. The Supplier takes no responsibility and will not be liable for any loss and damage or costs incurred by the Customer as a result of the Printed Products and/or Services being faulty or not fit for purpose due to insufficient or inaccurate information or a proof of insufficient quality having been provided by the Customer, or the Printed Products being disposed of after one (1) month in storage with the Supplier. 7.3. The Customer must ensure when placing the Order that it has informed itself of the characteristics and suitability of the type of material of the Printed Products for the Customer’s intended use, including the suitability of the Printed Products for the Services requested. The Supplier accepts no responsibility for the use and suitability of the Printed Products, including for the printing of the proof thereon save where a sample has been provided and the Printed Products supplied differ significantly from that sample. 7.4. The Supplier takes no responsibility for representations made in relation to the Printed Products and Services by any third party or any delay in the delivery of the Printed Products by a third party carrier nominated by the Customer. 7.5. The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from any loss and damage incurred as a result of delay, or failure to provide the Printed Products and Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control or as a result of the bundles supplied by the Customer for distribution being in excess the maximum number of pages or the weight limit.
Risk in relation to the distribution of the Printed Product
7.6. The Customer is responsible for ensuring the Printed Product is compliant with any applicable laws, standards, codes, regulations or rules for advertising to the public and the Advertiser warrants that: 7.6.1. The Printed Product does not constitute a breach of or infringement of any applicable laws, standards, codes, regulations or rules of any government, quasi-government or statutory or regulatory authority, or public or private right of an individual, including (without limitation) any intellectual property right; and 7.6.2. It has obtained all necessary permits, licenses and approvals (if any) required for the production, distribution and display of the Printed Product and the Printed Product is not offensive, defamatory or inappropriate to display to the general public. 7.7. The Customer indemnifies and will keep the Supplier indemnified against: 7.7.1. Any breach by the Customer of its warranty as to fitness of any Printed Product: 7.7.2. Any order for payment of monies, fines, costs and expense (including without limitation any legal costs on the indemnity basis) incurred by the Supplier and arising directly or indirectly from or in connection a claim made by: 188.8.131.52. A third party; alleging a breach of that third parties’ private rights, including (without limitation) any intellectual property right, defamation or other civil suit associated with production, distribution or display of the Printed Product in public; 184.108.40.206. A government, quasi-government or statutory or regulatory authority alleging a breach of inter alia any applicable laws, standards, codes, regulations or rules with which the Printed Product must comply. 7.8. The Customer acknowledges and accepts that any estimate provided by the Supplier as to the quantity of Printed Products required to cover the area is indicative only. The Customer accepts all risk in relation to the quantity of the Printed Products ordered by it and the Customer will not be entitled to a refund of the Price of the Order or part thereof or any loss and damage suffered by the Customer in reliance on the Supplier’s estimate. 7.9. Whereas the Supplier will endeavour to distribute the Printed Product to all letter boxes within the area subject to the quantity of the Printed Product; the Customer acknowledges and accepts all risk that the Supplier may be prevented or is justified in omitting in its sole discretion letter boxes from distribution of the Printed Product. In this event, the Customer will not be entitled to a refund of the Price of the Order or part thereof or any loss and damage suffered.
Limitation of Liability
7.10. The Supplier’s liability for any loss and damage associated with, arising from or in connection with the supply of the Services may not exceed the Price of the Order, including but not limited to personal injury and damage to property.
8.1. The Supplier warrants that the Customer’s rights and remedies in the agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the Printed Products and services to which the warranty relates. 8.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.
Warranty for Printed Products and Services
8.3. Provided that the Customer reports any defect in any Printed Products and Services supplied, preferably within three (3) days from the date that the defect became apparent, the Supplier will rectify the defect within a reasonable period of time. 8.4. The Supplier provides the following warranty to Customers who are Consumers in respect of Printed Products supplied by it: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Printed Products repaired or replaced if the Printed Products fail to be of acceptable quality and the failure does not amount to a major failure.” 8.5. In respect of all claims under warranty, the Supplier reserves it right to inspect or investigate Printed Products and Services alleged to be defective. 8.6. To the extent permitted by law the Supplier’s liability in respect of defective Printed Products and Services that do not constitute a major failure will be limited to: 8.6.1. The resupply by the Supplier of the defective Printed Products and Services; or 8.6.2. The refund of the Price paid by the Customer in respect of the defective Printed Products and Services. 8.7. When reporting defects, the Customer warrants that it will provide a full report within three (3) days noting its full address and full particulars regarding the nature of the defects, thus allowing the Supplier to investigate the matter promptly. 8.8. The Supplier shall not be liable to compensate the Customer for any reasonable delay in rectifying Printed Products and Services found to be defective or in assessing the Customer’s claim. 8.9. The Customer warrants that it will use its best endeavours to assist the Supplier with identifying the nature of the defective Printed Products and Services claim. Claims made under Warranty 8.10. Claims for warranty should be made in one of the following ways: 8.10.1. The Customer must send the claim in writing to the Supplier’s address 2/1 Stephenson Road, Bayswater North VIC 3153. 8.10.2. The Customer must email the claim to the Supplier to firstname.lastname@example.org. 8.10.3. The Customer must contact the Supplier on the Supplier’s business number (03) 8761 6301.
9. TERMINATION AND CANCELLATION
Cancellation by the Supplier
9.1. The Supplier may cancel any Order to which these terms and conditions apply at any time before payment of the Price in full is made by the Customer by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any deposit or sum advanced in respect of the Price. The Supplier shall not be liable for any loss and damage whatsoever arising from such cancellation. 9.2. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that: 9.2.1. Any money payable to the Supplier becomes overdue for payment; or 9.2.2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or 9.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Cancellation by the Customer
9.3. The Customer may cancel any Order before Printed Products leave the Supplier’s premises for distribution. In the event that the Customer cancels the Order then the Customer shall be liable for any loss and damage suffered by the Supplier; but not exceeding the Price of the Order. 9.4. The Supplier may retain any deposit or other sum paid in respect of the Price of the Order and offset such sum or deposit in satisfaction or partial satisfaction of any loss and damage suffered by the Supplier as a result of the Customer’s cancellation. 9.5. In the event of a Cancellation by the Customer, the Customer must arrange for collection at its cost of any Printed Products in the possession, custody or care of the Supplier.
10. ENTIRE AGREEMENT
10.1. The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier. 10.2. The agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria. 10.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way. 10.4. Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and T
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