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 9902 5306

(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.

Metalicus (the “Promoter”) Conditions of Entry Summer Freedom Promotion (the “Promotion”)

1. Information and instructions on how to enter form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

2. Entry is only open to residents of Australia aged 18 years and over. Directors and employees (and their immediate families) of the Promoter, participating outlets and any of their agencies associated with this Promotion are ineligible to enter.

3. The Promotion commences on 05/07/10 at 00:01.01 (AEST) and concludes on 31/07/10 at 23:59.59 (AEST) (“Promotion Period”). Entries must be received during the Promotion Period. Entries will be deemed to be accepted at the actual time of receipt by the Promoter. No responsibility will be accepted for lost, late, incomplete, illegible, incorrectly submitted or misdirected entries.

4. To enter the prize draw, participants will be required to, during the Promotion Period, spend $200 or more in the one transaction on any Metalicus product from a Metalicus retail store, David Jones Concession store or online at www.metalicus.com, then submit their entry by visiting www.metalicus.com and following the promotional link to complete he online entry form as required, including their receipt number from their qualifying purchase.

5. Bonus Entries: Participants can earn additional bonus entries into the prize draw by completing the Tell a Friend section at the bottom of entry form. One (1) Bonus Entry will be awarded for every unique and valid email address provided.

6. Multiple entries from the same person will be accepted but each entry must be in respect of a separate qualifying purchase during the Promotion Period.

7. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and proof of entry validity (including store receipt for purchase requirement) in order to claim any prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

8. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. This includes, but is not limited to, entrants and households using multiple email addresses, postal addresses or PO Box addresses to register single or multiple purchases.

9. Major Prize Draw: The Major Prize Draw will take place at Oxygen Interactive, Level 1, 16 Palmer Parade Cremorne Victoria 3121 at 11:00am (AEST) on 5/08/10.

10. Major Prize: The first valid entry drawn in the prize draw will win a holiday for two (2) adults to the Peppers Beach Club Resort in Port Douglas. The prize includes two return economy airfares from the winner’s nearest state of residence to Cairns airport, return coach transfers from Cairns airport to the Resort, two nights accommodation for two people in a Spa Suite, daily breakfast, two 1-hour massages (dual massage) at the onsite Exclusive Spa and a $500 Metalicus Gift Voucher.

11. Total maximum prize pool is valued up to $2545 (including GST).

12. The prize winner (and their companion) will be responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

13. The prize winner and travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure.

14. The prize must be taken by 31st August 2011 and is subject to hotel and flight availability. The prize is not available during peak times such as public holidays and school holidays and cannot be changed once the booking has been made.

15. If for any reason the prize winner or a winner’s travelling companion does not, once the prize has been booked, personally take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.

16. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.

17. Metalicus and all other associated agencies, make no representation as to the safety, conditions or other issues that may exist at any destination.

18. Any component of the prize cannot be transferred or redeemed for cash. The Promoter’s decision is final and no correspondence will be entered into. If a prize, or element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority.

19. Once a prize has left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. By accepting a prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

20. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

21. Dollar values are in Australian dollars. Prize values are based upon the recommended retail prices (inclusive of GST) at 1st June 2010. The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

22. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought.

23. The major winner will be notified by telephone within 2 days of the major draw and their name will be published in the Public Notices section of The Australian newspaper on 12/08/10.

24. Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

25. The Promoter may conduct such further draws as are necessary at the same time and place as the original prize draws on 04/11/10 in order to distribute any prizes unclaimed by that date, subject to any written directions given under relevant State or Territory legislation. In the event of a winner, they will have their details published in the Public Notices section of the Australian on 12/11/10.

26. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

27. The Promoter and its agencies and companies associated with this Promotion shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).

28. The Promoter, its agency Oxygen Interactive Pty Ltd and their associated agencies and companies are not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries, and reserves the right to take any action that may be available.

29. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

30. Programming and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded. Printing errors or other quality control matters outside the control of the individual player shall not be used as the sole basis for refusing to award a prize.

31. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials in this competition. If the competition is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.

32. The Promoter may use any information entrants provide in connection with this Promotion for the purpose of running the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the information for those purposes to its related bodies corporate, contractors and agencies. If entrants do not provide the information requested, they will not be able to enter the competition

33. The Promoter is Metalicus (ABN 23 127 957 653) of 17 Hardner Road, Mt Waverley VIC 3149 Authorised under NSW permit no: LTPS/10/05548 ACT permit no: TP 10/02567.2