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Terms & Conditions

The Milmar Group website is owned and operated by Allcool Holdings Pty Ltd ABN 53 158 713 029.

By using or accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website.

Compliance with laws

Milmar Group controls and operates this site from its offices within Australia. These Terms and Conditions are governed by the laws of the State of Western Australia. You and Milmar Group agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

Revisions and Amendments to Terms and Conditions

Milmar Group may revise or amend these Terms and Conditions at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms and Conditions is found to be unenforceable, the remainder of these Terms and Conditions remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms and Conditions.

Website content

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Milmar Group and it's related companies, affiliates, licensors and licensees.

Third Party Websites

This site may contain information from or hyperlinks and other pointers to internetwebsites operated by third parties. Such information or websites are not under the control of Milmar Group and Milmar Group is not responsible for the contents of any such information or website. Milmar Group provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Milmar Group. You rely on such information or websites entirely at your own risk.

You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

Use of Trademarks

No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Milmar Group may be used without our prior, specific, written permission or that of the trademark owner.

Prohibited Conduct

You must not upload, post, transmit or otherwise make available through this site any material which:

  • violates or infringes the rights of others (including their privacy and intellectual property rights);
  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
  • affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
  • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Milmar Group to take remedial action under any applicable industry code.

Indemnity

You agree to indemnify and will keep Milmar Group indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Milmar Group in connection with your use of this site, your breach of these Terms and Conditions or your breach of any rights of third parties.

Online ordering

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Subject to your compliance with any product specific limitations shown on this website. Milmar Group may change the prices published on the Online content at any time. Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Milmar Group is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms and Conditions.

Pricing

All prices are inclusive of GST. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

Passage of title and risk

Title to the goods purchased from Milmar Group online does not pass from Milmar Group to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

Liability

To the extent permitted by law, Milmar Group will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by Milmar Group under these Terms and Conditions; or (3) a failure or omission on the part of Milmar Group to comply with its obligations under these Terms and Conditions.

Warranty disclaimer

Milmar Group is providing this online content on an 'as is' basis and use of this content is at your own risk. Milmar Group and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on Milmar Group Online (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Milmar Group expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.

Your rights

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.



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