Terms & Conditions

Metalicus Pty Ltd ACN 127 957 653 ("Metalicus") Website Terms and Conditions of Use ("Terms")

1. Your acceptance

(a) These are the terms on which Metalicus permits users to access and use the website www.metalicus.com including using the services made available through the Website including viewing and purchasing products, communicating with Metalicus and participating in Metalicus forums and programs ("Services"). By using, browsing or accessing any part of the Website or the Services you agree to be bound by these Terms.

(b) Metalicus may, from time to time, review and update these Terms to take account of new laws and technology. Your use of the Website or the Services will be governed by the most recent Terms, posted on the Website.

2. Changes to the Website and Services

The Website and the Services are subject to change at any time without notice and may contain errors.

3. Your Account and Password

You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password and Metalicus is not responsible for and accepts no liability in relation to its disclosure or loss.

4. Links

(a) The Website may contain links to other web sites. Metalicus provides those links as a ready reference for searching for products and brands on the internet, for networking services and tracking product purchases and not as an endorsement of those web sites, their operators, the goods, services or content that they describe. Web sites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy by which they operate. If you choose to access these linked sites, you do so at your own risk. Metalicus is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Metalicus is not responsible for and will not be liable in respect of any incorrect link to an external web site.

(b) You are not permitted to link to or frame the Website without Metalicus's express written permission.

5. Access and communication

(a) Metalicus does not warrant that you will have continuous access to the Website. Metalicus will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supplies.

(b) Metalicus does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic email) are vulnerable to interception by their parties and Metalicus does not guarantee the security or confidentiality of these communications or the security of the Website.

(c) Although reasonable efforts are made by Metalicus to ensure the integrity of the Website by using virus checking software. Metalicus cannot guarantee the safety of computer systems of users of the Website. Metalicus does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website. You acknowledge that you enter and use the Website at your own risk.

6. Products and Purchasing

(a) The Website is designed for individual purchases for personal use, and is not to be used for commercial purposes. If you intend to on-sell Metalicus' product through a retail store, online business or other commercial entity, please contact the Metalicus wholesale division on +61 3 8415 9888.

(b) Metalicus reserves the right to refuse any order which it considers is for commercial use or sale or where a product is not in stock. While Metalicus takes precautions to ensure that the price and details of products listed are correct, if they are incorrect, Metalicus reserves the right to cancel the order and refund any amount charged to your credit card.

(c) Any orders received by Metalicus through this Website constitute offers and are subject to acceptance or rejection by Metalicus in its discretion after receipt in Australia. Once an order has been placed and payment received, the order cannot be cancelled by you.

(d) Title in any goods purchased by you through this Website does not pass to you until payment has been received. Risk of loss or damage to goods passes to you upon dispatch from Metalicus' premises.

(e) Metalicus does not guarantee the availability of any products advertised on the Website.

(f) Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties.

(g) Metalicus terms and conditions relating to shipping is set on Metalicus's website at: http://www.metalicus.com/shipping-and-delivery and refunds at http://www.metalicus.com/14-day-returns & http://www.metalicus.com/warranty-details

7. Payment

(a) Payment can be made by Visa, Mastercard or American Express (Australian Registered Cards only).

(b) Credit Card transactions are processed through the Commonwealth Bank CommWeb Secure Payment Gateway. Your card details are not disclosed to Metalicus and are not stored in our database.

8. Privacy

Any personal information submitted by you via the Website will be handled in accordance with Metalicus's Privacy Policy which is set out on Metalicus's website at http://www.metalicus.com/privacy-policy

9. Intellectual Property

(a) Except in relation to Submitted Material (defined below), all intellectual property rights, including copyright and patents, in the Website, the Services and all components of it are owned or licensed by Metalicus. You must not copy, modify or transmit any of the Services.

(b) The Website contains trade marks, logos, service names, trade names of Metalicus or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.

10. Website Licence

Metalicus grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 1

2. You may not download (other than page caching) or modify the Website or any portion of the Website.

11. User Content Submissions

(a) The Website contains facilities for exchange of information with other users of the Website ("Forums"). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Metalicus from time to time.

(b) Metalicus is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, and excludes all liability for any reliance or decisions made based on such information. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.

(c) Metalicus does not and cannot review all communications and materials posted to or created by users accessing the Website and excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Metalicus's sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.

12. Metalicus Licence to use Submitted Material

(a) By uploading material to any Forum or otherwise submitting any material through the Website (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) Metalicus a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Metalicus for purposes including (without limitation) marketing, research and development of goods and services.

(b) To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Metalicus, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

(c) You warrant that any Submitted Material contribute by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

(d) Metalicus reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:

(i) abusive, defamatory, or obscene;

(ii) fraudulent, deceptive, or misleading;

(iii) in violation of a copyright, trademark or other intellectual property right of another;

(iv) in violation of any law or regulation; or

(v) offensive or otherwise unacceptable to Metalicus.

13. Prohibited Uses

In using the Website and Services you must not:

(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;

(b) impersonate or falsely claim to represent a person or organisation;

(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

14. Termination Metalicus

May at any time immediately terminate your membership or your access to the Website at any time in its sole discretion and without prior notice.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(a) TO THE FULL EXTENT PERMITTED BY LAW, METALICUS EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS CONCERNING AVAILABILITY OF THE WEBSITE, QUALITY, COMPLETENESS, ACCURACY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.

(b) SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED, METALICUS' LIABILITY IN RESPECT OF ANY NON-EXCLUDABLE WARRANTIES OR CONDITIONS RELATING TO THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE, AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE IS LIMITED TO RESUPPLYING THE RELEVANT CONTENT OR THE REASONABLE COST OF RESUPPLYING THE RELEVANT CONTENT, WHICHEVER METALICUS SEES FIT TO PROVIDE.

(c) FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF METALICUS AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE WILL BE $10 FOR AN AGGREGATE OF ALL CLAIMS.

(d) METALICUS WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFIT, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.

16. Indemnity

(a) You will fully indemnify Metalicus in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(i) any breach of these Terms by you;

(ii) your use of the Website;

(iii) your use of the Services; or

(iv) without limiting the foregoing, any claim that your use of the Website or any Submitted Material communicated by you infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

17. Jurisdiction and Law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

18. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.