Y-Nott Industries Australia Pty Ltd – Terms and Policies
Current and last modified – 8th May 2018
TERMS AND CONDITIONS – “Access and Actual Use of Website”.
Please read the Terms and Conditions carefully, as your access or use of our website (“Site”) constitutes your acceptance of these Terms and Conditions. Do not use the site unless you agree, unconditionally, to be bound by the Terms and Conditions.
Goods means; all goods and services that you may purchase from this web site; or site shop; including spare parts for trucks, earth moving equipment, hydraulic equipment and any other goods or services supplied by us to you, “you”, “your” and similar expressions, refer to “you”, our customer or proposed customer; and “we”, “us” and similar expressions, refer to Y- Nott Industries Australia Pty. Ltd.
These conditions for the supply of all Goods by us to you, unless otherwise clearly agreed in writing signed by us and you.
1.1 “User” is someone who accesses, browses, crawls, clicks on content or orders or purchases online, or in other way permissible uses the Site. The terms “you” and “your” refers to “you”, as a user of the Site. The terms “we”, “us”, “our”, refers to Y- Nott Industries Australia Pty Ltd;
1.2 “Content” means text, images, photos, audio, video, and all other forms of data or communication.“Your Content” means content that you submit or transmit to or through the site, such as reviews, compliments, and information that you display as part of inquiry for service or supply. “User Content” means content that users submit or transmit to or through the site. “Y- Nott Industries Australia Pty Ltd Content” means content that we create and make available on the site. “Third Party Content” means content that is made available on the site by parties other than Y- Nott Industries Australia Pty Ltd or its users. “Site Content” means all of the content that is made available on the site, including your content, user content, third party content, and Y- Nott Industries Australia Pty Ltd content.
1.3 Your use of the site shall indicate your consent to be legally bound by, and comply with, all of the following Terms and Conditions. By using the site, you acknowledge that you have the right and authority to execute, deliver and fully perform your obligations under this agreement. Y-Nott Industries Australia Pty Ltd may periodically modify and supplement these Terms and Conditions and the notice provided to you will be the updating of these Terms and Conditions. You are responsible for regularly checking these Terms and Conditions for revision. All amended terms become effective upon their posting to the site and any use of the site after such revisions have been posted signifies your consent and agreement to the modified Terms and Conditions.
2.1 You agree that you are only authorised to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the materials of this Site or any use, or for any purpose other than as described in these Terms and Conditions.
3. User Content
3.1 You agree that Content you will post, will not:
i. Be of a nature that does not address the goods and services; or other attributes of the business; or have no qualitative value including, but no limited to; spam, chain or other mass messaging.
ii. Violate any third-party right, including, but not limited to; right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
iii. Be commercial in nature, including but not limited to; spam, surveys, contests, pyramid schemes or other advertising materials.
iv. Contain material that is illegal; or that violates any federal, state, local law or regulation.
v. Contain material not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
4. Site Availability
4.1 From time to time and without prior notice to you, we may change, expand and improve the site. We may also, at any time, cease to continue operating part; or all of the site; or selectively disable certain aspects and portions of the site. Any modification or elimination of the site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the site does not entitle you to the continued provision or availability of the site.
5. How you May Use Site Content
5.1 By using the site, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the site content (except for your own personal, non-commercial use) from the site. In addition, you will not use the site content for any unauthorised non-commercial marketing and promotional campaigns.
5.2 You are prohibited from data mining, scraping, crawling, or using any robot, or other automatic device, script, technology or processes that send automated queries to the site, or from using other similar methods and tools to gather or extract data from this site.
5.3 You may not use the site to compile data (or any other portion of the site content), in a manner that is used or usable by a competitive listing products or services. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning, operation, usage and display of the sites by any other authorised users and third-parties.
5.4 You are prohibited from modifying or obscuring the manner in which the site is displayed or used, including framing, scraping or any other technique that would alter the visual display of the site or site content. You may not obscure advertisements displayed as part of the site, nor modify the advertisements and listings in a way that is unauthorised. Unless expressly authorised by Y- Nott Industries Australia Pty Ltd in our sole and absolute discretion, you may not link to the site (including deep linking to a specific portion of the site). You are not permitted to script searches or search results of the site in a manner that results in the automated display of site content on a third-party website.
6.1 You are under no obligation to use or continue to use the site and may at any time temporarily or permanently cease using the site.
6.2 We may, at any time in our sole discretion:
i. Suspend or terminate your access to and use of the site or any of their features, in response, to not complying to these Terms and Conditions, or for any other reason; or
ii. Move, edit, delete or destroy any materials that you provide or deliver to the site; or
iii. Access, preserve, or disclose any materials that you provide or deliver to the site; or
iii. Take any other remedial action available in response to not complying to this agreement.
7.1 You agree to indemnify and hold Y- Nott Industries Australia Pty Ltd, its parents, subsidiaries, affiliates, any related companies, suppliers, partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
i. Your access to or use of this site, or
ii. Your non-compliance of the Terms and Conditions, or
iii. The infringement by you, or
iv. Any third-party using your account, of any intellectual property or other right of any person or entity. Y- Nott Industries Australia Pty Ltd reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to co-operate with our defence of these claims.
8. Warranty Disclaimer and Limitation of Liability
8.1 Any use of the site, reliance upon any of the site content, and any use of the Internet generally shall be at your sole risk. Y- Nott Industries Australia Pty Ltd disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the site content accessible by use of the site.
8.2 THE SITE (INCLUDING SITE CONTENT AND INFORMATION POSTED AND ACCESSIBILITY) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Y- Nott Industries Australia Pty Ltd DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE. Y- Nott Industries Australia Pty Ltd DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
8.3 IN NO EVENT SHALL, Y- Nott Industries Australia Pty Ltd, BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Y- Nott Industries Australia Pty Ltd IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH:
i. THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE; OR
ii. THE SITE CONTENT OR THE INTERNET GENERALLY; OR
iii. THE USE (OR INABILITY TO USE); OR
iv. RELIANCE UPON OR PERFORMANCE OF ANY SITE CONTENT CONTAINED IN OR ACCESSED FROM ANY Y- Nott Industries Australia Pty Ltd SITE OR A THIRD-PARTY SITE; OR
v. ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. Y- Nott Industries Australia Pty Ltd DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER SITE CONTENT ACCESSIBLE FROM THE SITE.
8.4 THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
9.1 The site may include links to other websites, each a “Third-Party Site”. We do not control or endorse any third-party site, and you agree that we are not responsible for the availability of content of such third-party sites. The content and information you provided to a third-party site may be shared and used on this site but only in accordance with our Policies as directed for use of the site. Should you not want the content and information you provided to a third-party site shared and used on the site, you should adjust your privacy and application settings accordingly on the third-party site. In no event shall Y-Nott Industries Australia Pty Ltd be liable to you for the use of the content and information provided by a third-party.
TERMS AND CONDITIONS
Terms & Conditions – “Website Access and use in Trade”
Please read the Terms and Conditions carefully. Goods and or services that may in the course of trade be provided to you by “Y-Nott Industries Australia Pty Ltd”, the supply of goods or services or any other trade between us remains steadfast by these “Terms and Conditions” unless, otherwise clearly agreed in writing signed by us and you.
Goods means; All goods and services, including spare parts for trucks, earthmoving equipment, hydraulic equipment and any other goods or services supplied by us to you; “you”, “your” and similar expressions, refer to “you”, our customer or proposed customer; and “we”, “us” and similar expressions, refer to Y- Nott Industries Australia Pty Ltd.
1.1 Any quotation is merely an invitation to you to place an order with us. We issue quotations based on information supplied by you to us. If the information you supply is not correct, you may order Goods which conform to our specifications, but are not suitable for your purpose (see also clause 11.4)
1.2 If you offer to purchase Goods based on a quotation from us, the quotation is by nature an indication of price only unless stated in writing, then your offer is subject to these conditions.
1.3 We reserve the right to correct any obvious errors in any quotation, tender or price list, whether technical or otherwise.
2. Not obliged to accept orders.
2.1 We are not obliged to accept any order from you. If you place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. We may accept an order by written confirmation or by delivery, and in the case or delivery, only as to the portion of the order actually delivered.
2.2 If an order is accepted, we will carry out the order and you must pay for the Goods in accordance with these conditions.
2.3 Our conditions overrule any order form.
i. These conditions are steadfast and prevail even if they are inconsistent with anything said or implied in any earlier or later order form or similar document.
4. Non-cancellation of orders and non-return of Goods.
4.1 No returns or cancellations will be accepted without prior written agreement from us, which we may provide or withhold in our discretion (including imposing conditions); and
4.2 Once you give us an order and we accept it, you may cancel the order or return the Goods by way of cancellation only upon payment of our re-stocking charge if any, which varies from time to time, plus freight and insurance costs, at your expense, for the return of the Goods;
5. As at the date this clause 4 was printed, our re-stocking charge varies as follows;
i. If you ask to cancel an order, and you return the Goods to us in accordance with these conditions (ref clause 4) less than 5 working days after dispatch from Y-Nott Industries’s wharehouse of the goods by us, the charge is nil (ref clause 9 & 10); and
ii. Where the Goods are returned in accordance with these conditions between 5 and 14 working days after delivery, the charge is 10% of the sale price of the Goods ordered; and
iii. We do not accept any returns more than 14 days after delivery unless pacifically agreed by us and you in writing; and
6. You acknowledge that;
6.1 Our re-stocking charge under this clause 5 is reasonable; and
6.2 The charge specified represents a reasonable and genuine pre-estimate of our expenses and loss resulting from your cancelled order; and
6.3 We may vary our re-stocking charges without any notice to you; and
i. You may be advised of our current re-stocking charges by contacting us or viewing such charge on the site.
ii. We cannot consider any request to cancel an order unless you return the Goods to us in original packaging with our original invoice number. If we initially agree to accept delivery of any returned Goods, you acknowledge that is to allow us to inspect the Goods to see if they are in good order and condition and to ensure it is commercially realistic for us to re-sell the Goods, and this does not mean we are bound to agree with the requested cancellation.
iii. Goods supplied to special order are not returnable.
iv. We do not accept cancellation of any order for or return of any soiled or used parts where such condition of the parts would therefore remove their commercial viability to re-sell.
v. Deposits paid to us are refundable only if the returned goods are complete and in our reasonable opinion able to be reconditioned in a commercially realistic and safe fashion. (as noted in clause ii.)
7. Prices and Invoices
7.1 All prices are in Australian dollars. Irrespective of where you are located, goods are sold ex-warehouse and invoiced at the price we charge on the date of dispatch from our premises.
7.2 You must pay all freight, packing, delivery and insurance costs, if we agree to deliver Goods to you;
7.3 If, we give you credit, you must pay each of our invoices within 14 days from the date of the invoice. You must also pay any sales tax, goods and services tax, stamp duty and all other taxes, excises and duties that are payable relating to the supply of Goods by us.
8.1 Unless we agree to give you credit; or we supply Goods to you under an alternative written arrangement; you must pay for all orders prior to delivery.
9.1 We may decide to give you credit at our absolute discretion, but we are not obliged to do so merely because we have previously given you credit or other previous arrangement.
9.2 If we decide to give you credit, then you are bound by these conditions and any additional conditions that we set for giving you credit.
9.3 We may decline to give you further credit at any time. If we do so, these conditions and any credit conditions continue to apply to any amounts which you then owe to us.
10. Overdue payments
10.1 If any amount you owe us is not paid by the due date then:
i. all money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions;
ii. we may suspend supply or cancel any outstanding orders we have accepted from you;
iii. we may charge you interest on any amount from the due date until payment, calculated daily, at the rate prescribed from time to time as payable on Judgments for monetary sums awarded by any Court in Australia or in any State or Territories of Australia, and interest may be claimed as payable;
iv. in our absolute discretion, and as an alternative to paragraph iii, we may charge the commercial interest calculated daily as permitted by Law at that time, on the balance overdue (including interest) at the end of each month;
v. if we charge interest under this clause, we will credit any part payment first against the interest; and
vi. you agree you are liable for all our costs, losses and expenses relating to recovering overdue payments from you, including Court, Solicitor fees and other expenses that we incur.
11. Risk and title
11.1 Y-Nott Industries Australia Pty Ltd, remains the owner of all Goods or Services supplied to you until you have paid us all amounts owing in respect of all Goods or Services supplied.
11.2 You accept the risk of damage or loss of Goods we supply to you, from the time the Goods are dispatched from our warehouse to a destination nominated by you; or returned to our premises as warranty or other arrangement.
11.3 We will not be liable, in contract or otherwise, for any costs, damages, expenses or losses incurred by you or any third party as a result of any action taken under clauses 11.1
11.4 You must ensure; or have; a suitably qualified person direct to you, that the Goods we supply are suitable for your purposes before using the Goods for those purposes. Except to the extent expressly specified by us in writing, we sell Goods by specification manufacturer or other; and you or your qualified person decide for what purpose to use or re-supply those Goods. To the extent that we expressly specify in writing a purpose for which our Goods are suitable; we sell our Goods for use only as specified for that purpose. We are not liable for any loss or damage caused by persons qualified as a trades person or other, including but limited to unqualified trades or you, in seeking to fit unsuitable Goods for a purpose.
12. Variations in specifications
12.1 We reserve the right to vary the specifications or performance criteria of any or all goods from time to time and to obtain goods from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternate Good offered is substantially similar to that previously offered or represents an improvement.
13.1 Definition – Warranty Period means a period of thirty days (30) for consumable items and (6) months for finished equipment at our sole discretion we may vary warranty periods to suit application, warranties commence from the date of the Goods dispatch to the Purchaser.
14.1 Warranties where, and in the absence of a third-party manufacturer’s warranty, Y-Nott Industries agrees, in principle in relation to any faulty workmanship or material defect in Goods that are purchased by the Purchaser and reported by the Purchaser to Y-Nott Industries during the Warranty Period, to any one or more of any the following:
(a) in the case of goods;
i. to replace the goods or supply equivalent goods; or
ii. to repair the goods; or
iii. to pay the cost of replacing the goods or acquiring equivalent goods; or
iv. to pay the cost of having the goods repaired;
(b) in the case of services:
i. to supply the services again; or
ii. to pay the cost of having the services supplied again.
15. Removing doubt
15.1 Y-Nott Industries has sole discretion as to any one or more of the alternatives specified in clauses 1 through to 18 or other clauses in the Terms and Conditions specified.
15.2 This Warranty does not cover anything which is not expressly included in the Warranty.
15.3 Where a component or part of the Goods are repaired or replaced by Y-Nott Industries pursuant to clauses 7 through 9, the liability of Y-Nott Industries will be limited to that particular component or part.
16.1 To the extent permissible by law, the Warranty does not cover:
(a) anything caused or contributed to by:
i. Normal Wear and Tear and the gradual reduction in operating performance of the Goods;
ii. Y-Nott Industries being the subject of a Force Majeure Event;
(b) an accident, abuse, neglect of a person other than of the Y-Nott Industries, including any willful, negligent or inappropriate act of omission of a person other than of Y-Nott Industries which occurs during transportation of goods, the loading and/or unloading of goods, installation of goods, or moving of goods; or
i. vandalism, power outages, surges, inadequate or improper voltage or current, or use and installment of Goods contrary to any instruction or manual; or
ii. repair or modification of the Goods carried out:
* without the proper written consent of Y-Nott Industries; or
* by a person other than Y-Nott Industries or its agent; or
iii. any criminal, deliberate, willful, dishonest or fraudulent act, error or omission of the Purchaser or any of its officers, employees or agents; or
vii. any breach by the Purchaser of a law or regulatory requirement;
(b) costs of removal, re-installation, re-commissioning or shipping of the Goods; or
(c) damage occurring during transportation, freight, installation of the Goods or while moving the Goods; or
(d) any defect or faulty workmanship in relation to the Goods:
i. not notified to Y-Nott Industries within the Warranty Period; or
ii. where the Purchaser continues to use the Goods after the Purchaser knew or discovered or ought reasonably to have known or discovered the defect or faulty workmanship.
17. Warranty Claims and Associated Costs
17.1 If a Purchaser wishes to lodge a claim under this Warranty in relation to the Goods then the Purchaser must notify Y-Nott Industries immediately and during the Warranty Period. Further information regarding the Warranty claim procedure can be obtained by contacting Y-Nott Industries.
17.2 Y-Nott Industries may, under this Warranty, direct that the Purchaser returns the Goods to:
(a) the location from which the Goods were originally dispatched to the Purchaser; or
(b) another location, provided that the cost of returning the Goods to such a location does not exceed the cost of returning the Goods to the location from which the Goods were originally dispatched to the Purchaser.
17.3 Where Y-Nott Industries directs the Purchaser under clause 17.2 of this Warranty, the Purchaser must return the Goods in accordance with such direction.
17.4 Y-Nott Industries may at its discretion require the Purchaser to issue a purchase order with respect to additional inspection, testing and / or assessment required in order for Y-Nott Industries to assess a Warranty claim and the Purchaser shall be obliged to issue such documentation prior to any further inspection, testing and / or assessment being undertaken by Y-Nott Industries under the Warranty terms.
17.5 In the event that Y-Nott Industries reasonably determines that a claim is not accepted under this Warranty, the Purchaser shall be liable for any costs incurred by Y-Nott Industries associated with a Warranty claim, including all costs incurred by the Company in inspecting, testing and / or assessing the Goods as part of any claim, including reasonable labour costs and travel costs associated with travelling to a particular location to inspect, test and / or assess the Goods.
17.6 In the event that the Purchaser does not accept a Warranty claim, the Purchaser shall be notified of Y-Nott Industries decision and will be issued with an invoice for the costs incurred by Y-Nott Industries associated with a Warranty claim pursuant to clause 4.5 of this Warranty.
17.7 Where a third-party manufacturer warranty applies, the Purchaser agrees to comply with any applicable warranty terms and conditions, to the extent that they contain additional warranty requirements.
17.8 The Purchaser shall be required to pay any invoice issued to the Purchaser pursuant to clause 4.6 of this Warranty by the Due Date.
17.9 The Purchaser shall indemnify Y-Nott Industries in respect of any and all Claims, losses, expenses and liabilities incurred by Y-Nott Industries arising indirectly or directly out of any Warranty claim not accepted by the company acting in its sole discretion.
18. These warranties are for your benefit only; and cannot be transferred to another party unless agreed by us in writing.
19. If you acquire goods from us for the purpose of re-supply; and you choose to give one of your customers a warranty against defects, that warranty must comply with the requirements prescribed by the Competition and Consumer Act 2010 (CCA) or other legislation, our warranties ref section 34 of these terms.
20. Software licences
20.1 Any firmware or software that comes with Goods we supply to you, is supplied under licence only. You agree to abide by the terms of all such licences. You may return your purchase within 5 working days of delivery if you do not accept any applicable licence in part or whole. Typically, licenses limit us of firmware and software to the one machine.
21. Statutory warranties
21.1 Terms, conditions, warranties and guarantees implied by law, including the Australian Consumer Law, that cannot be excluded, restricted or modified apply to these conditions to the extent required by that law.
21.2 Y-Nott Industries exclude all other terms, conditions, warranties and guarantees implied concerning the implementation of these conditions.
21.3 Where Y-Nott Industries are permitted to limit our liability, our sole liability to you for negligence, tort, or breach of contract, breach of statutory duty, or breach of a condition, warranty or guarantee, is limited at our option to:
(a) replacement of the goods or the supply of equivalent goods; or
(b) repair of the goods; or
(c) payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired.
22. Other damage claims excluded
22.1 Y-Nott Industries are not liable for any damage for breach of contract, negligence, or otherwise except as stated. In these terms & conditions “damage” includes direct and indirect or consequential costs, losses, expenses, lost profits, lost savings and claims made by any third party.
23. Unexpected delay
23.1 Y-Nott Industries are not responsible for delay caused by something outside our reasonable control which makes performance in the usual way impractical. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stock shortages.
24. Estimated delivery times
24.1 Delivery times are estimates only and Y-Nott Industries are not liable for delays in delivery.
25.1 Statements of account Y-Nott Industries sends in the ordinary course of business, by ordinary post, or email to residential, business or electronic addresses supplied by you and noted as correct and current. You are bound by any invoice for amounts owed to Y-Nott Industries, except where there is an error obvious on the invoice and a revised invoice is necessary to be issued to you.
26. Variation of these conditions
26.1 These conditions may be changed by Y-Nott Industries from time to time, by Y-Nott Industries, giving you notice of the change. Notice is deemed given (whether or not actually received) when we do any of the following:
(a) send notice of the change to you at any address (including an email address) supplied by you; or
(b) publish the amended conditions on Y-Nott Industries web site at www.ynottindustriesaustralia.com.au (Web site).
28. Using and Disclosing Your Personal Information
28.1 Y-Nott Industries will use or disclose your personal information; only for the purpose which it was collected; or for a related purpose where you would expect Y-Nott Industries to use or disclose your personal information for that purpose. Y-Nott Industries may use or disclose your personal information if you have given consent for the use or disclosure or it is required or authorised by law.
28.2 Y-Nott Industries use and disclose your personal information when providing you with goods or services you requested; or otherwise for Y-Nott Industries to carry out our business online; or other retailing of goods and services.
28.3 If the purposes for which Y-Nott Industries have collected information involve providing personal information about an individual to any third party, Y-Nott Industries will take appropriate and reasonable steps to ensure any personal information is protected.
28.4 Y-Nott Industries will only use personal information for marketing if you have given express or implied consent or it is impracticable to seek consent before this use.
28.5 When trading with Y-Nott Industries, you consent to Y-Nott Industries using your personal information, such as your email address, for direct marketing purposes. You may opt out of receiving this direct marketing at any time. Our electronic marketing activities will comply with the requirements of the Spam Act 2003.
28.6 Y-Nott Industries does not share your information with other businesses located outside of Australia.
28.7 Y-Nott Industries may also provide your information to third parties that provide services to Y-Nott Industries, including third parties that provide our payment gateway. This may include providing your information to third parties that are located outside of Australia.
29. Security of Your Personal Information
29.1 We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
30. Access to Your Personal Information and Complaints Procedure
30.1 Under the Privacy Act 1988, you have certain rights to access the personal information Y-Nott Industries collect and hold about you.
30.2 Information Y-Nott Industries holds about you can be accessed by filling out the inquiry for at the Y-Nott Industries and Y-Nott staff will contact you regarding those inquiries. You should ensure the information, such as delivery address and email, is up to date and accurate.
30.3 You may make a request to receive any additional information Y-Nott Industries may hold about you; and Y-Nott Industries will provide this information to you within a reasonable time. When requesting such access please identify the precise type/s of information requested.
30.4 Y-Nott Industries will attempt to ensure that the personal information that we collect, use and disclose is accurate, up to date and complete. As the individual, you may request to correct your information, we will take reasonable steps to correct that information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause 43.2 above.
30.5 To make a complaint about a breach of the Australian Privacy Principles, which includes how Y-Nott Industries handle your personal information, you may contact Y-Nott Industries or write to Y-Nott Industries at the details noted on our website. We will endeavour to respond to your complaint within a reasonable time after it is received.
32. Forced Majeure
32.1 Y-Nott Industries is not liable for failing to comply with these Terms and Conditions as a result of events beyond Y-Nott Industries control including but limited to;
32.2 earthquakes, cyclones, floods, fires, lightening, storms or acts of God, strikes or industrial disputes, riots, terrorism acts, civil disturbance, blowouts, breakages of machinery or industrial conditions or arising out of any other unexpected or exceptional cause, delays in transport and dispositions or orders of Government authority. If such events cause a delay in supply of goods, the customer agrees to extend any delivery dates specified in order to accommodate the delay;