GENERAL
Chemical Formulators Pty Ltd, including its wholly owned subsidiary Chemform EC Pty Ltd (referred to as “Chemform”) is referred to in this Terms of Use as “we”, “us”, “our” and similar grammatical forms. Chemform owns and operates this website: https://www.chemform.com.au (Website) which includes the Chemform user portal (ePortal) and online training (eLearning). When we refer to “you” we refer to the person who uses our Website, ePortal and eLearning platform.
This document sets out the terms and conditions (Terms of Use) and governs your access to the use of our Website and the products, services and training available through it.
By using our Website, you agree to all of the Website Terms of Use, current at the time of your use of the Website.
If you do not agree to the Terms of Use, you must not use our Website.
We reserve the right to amend these Terms of Use at any time without notice to you. Any changes will be effective immediately.
We reserve the right to withdraw or amend the Website or any goods, services or training provided on the Website without notice to you. We will not be liable for any reason for the Website being unavailable at any time and/or for any period.
From time to time, we may restrict access to some parts or all of our Website and we do not guarantee that the Website will be free of disruption or error. We will use reasonable efforts to fix faults and disruptions and where practical, we will give notice of scheduled maintenance by posting a notice on our Website.
USE OF WEBSITE
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You must not:
- interfere with or disrupt the Website, its servers, the networks that host the Website or any security-related feature of the Website;
- use any process, data gathering and extraction tools to hack, monitor or copy any material from the Website;
- infringe upon the rights of any other person’s proprietary rights;
- impersonate or attempt to impersonate us, any of our employees, contractors, suppliers and clients.
We may report any illegal activities to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them.
In the event of a breach of the use of our Website, your right to use our Website will cease immediately.
LINKED WEBSITES
Our Website may contain links to other websites, which are not operated by us. We have no control over websites, which are controlled and operated by third parties, and we are not liable for the use or the content of internet sites that link to our Website or which are linked to it.
ORDERS
Information about any goods or services contained on our Website constitutes an invitation to place an order.
When you place an order for goods or services through our Website via the ePortal, you are responsible for any discrepancies or errors in your order caused by you.
Your order will be processed when you have placed the order and received an order confirmation from us.
All orders placed are subject to our Returns Policy found here: Returns Policy | Chemform.
PRIVACY
By accessing and using our Website, you agree and acknowledge that your personal information will be collected, used, disclosed and held in accordance with our Privacy Policy, which may be updated by us from time to time.
INTELLECTUAL PROPERTY
All intellectual property (including any copyright, trade mark rights, logos, icons) identifying Chemform are our trademarks and service marks.
The words “CHEMFORM GREEN” are trade marks of Chemform, registered in Australia.
All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties.
LIABILITY
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website and any materials posted on the Website, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any third party operated websites.
INDEMNITY
You agree to defend, indemnify and hold us, our affiliates, licensors, officers, directors, employees, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use, including, but not limited to, your use of any information obtained from the Website and any use of the Website’s content, goods and services other than as expressly authorised in these Terms of Use.
GOVERNING LAW
The laws of the State of Western Australia, govern these Terms of Use. You agree to the exclusive jurisdiction of the Courts of the State of Western Australia.
SEVERABILITY
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the remainder of these Terms of Use will remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
CONTACT DETAILS
If you have any questions, comments, requests or concerns, please find our contact details located on the “Contact Us” icon on our website: https://www.chemform.com.au/ or email admin@chemform.com.au