Senix Tools Website Terms

1.    Terms and conditions

This website is owned and operated by Senix Australia Pty Ltd ACN 678 127 298 (Senix Tools). By accessing or using this website and related services, you agree to these terms and conditions (Website Terms). You should review these Website Terms carefully and immediately cease using our website if you do not agree to these terms.

In these Website Terms, 'us', 'we' and 'our' means Senix Tools and each of our "group entities" (meaning any related body corporate or associated entity of Senix Tools or within its group of companies).

We reserve the right to change any part of these Website Terms by posting updated Website Terms to our website. Each time you access or use this website you are subject to the then current Website Terms. It is your responsibility to check this page periodically for changes and updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.    Contacting us

When you contact us via the Contact Us page, you will provide us with personal information such as your name, email address, telephone number and other personal information you upload (via your message). You must ensure that this information is accurate and current. By sending us your information, you consent to us using such information to communicate with you and add you to our newsletters and mailing lists (including email) for the purpose of us sending you marketing and other information.

Please do not send any sensitive information or health information via the Contact Us page.

To respond to your enquiry, to supply you with our goods and services, and for purposes set out in our Privacy Policy at https://senix.com.au/privacy-policy.html, we may disclose your submitted information to third parties that help us deliver our goods or services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to respond to your enquiry or provide any of our products or goods or services to you.

We will handle all personal information we collect in accordance with our Privacy Policy. Our Privacy Policy explains:

  · how we store and use, and how you may access and correct your personal information;

  · how you can lodge a complaint regarding the handling of your personal information; and

  · how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at info@senixtool.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Website Terms.

3.    Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. We make no warranty about any information, context or representations provided by or made by a third party.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including these Website Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date. You should monitor any changes to the information contained on this website.

4.    Nature of information

Any scenarios and information presented on this website are of a general nature, informational only and have been prepared without consideration of, or taking into account your individual objectives, personal circumstances, financial situation, or needs. Such scenarios and information must not be considered as professional advice. Before acting on any information found on this website, you should evaluate its appropriateness for your particular circumstances. We do not provide any financial services or lending advice, and any engagement or introductions with such services is subject to your own decision.

5.    Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites or any content in such.

6.    Hyperlinks to our content

We encourage the use of hyperlinks to our content. However, when doing so, please:

  · properly attribute the original source of the hyperlink when pointing to our or a third party's content;

  · refrain from claiming ownership or rights to content belonging to us or other parties.

  · directly link to our content; and

  ·  adhere to copyright and trademark laws.

7.    No offers

Accessing any product or good or service through our website, social media outlets, company brochures, or any alternative marketing collateral does not constitute an offer, inducement, or invitation by us for you to purchase any such products or goods or services. (our listing of products and pricing is our invitation to treat).

8.    Our products

Prices we list for our products are subject to our terms and conditions of sale and are subject to change without notice. Further, we reserve the right at any time to modify or discontinue any product or service, or the website (or any part thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service, or the website.

Only customers that hold an Australian Business Number (ABN) can purchase our products or services. Certain products or services may be available exclusively through our website or through certain distributors. These products or services may have limited quantities and are subject to return or exchange only according to:

  · for end customers and consumers, the returns policy of the supplier you purchased your Senix Tools product from; and

  · for distributors that we are engaged with, our [Returns Policy].

We have made every effort to display as accurately as possible the colours and images of our products as manufactured. We cannot guarantee that your computer monitor's display of any colour will be accurate.

9.    Orders

Any order placed with us is subject to our terms and conditions of sale. We reserve the right to refuse, restrict or limit any order you place with us, in our sole discretion and in accordance with the terms and conditions of sale.

You agree to provide current, complete and accurate purchase and account information for all purchases, including orders made through your online customer account. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our terms and conditions of sale.

10.  Intellectual property rights

Unless otherwise indicated, we own or license from third parties, all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Website Terms and, where applicable, as expressly authorised by us and/or our third party licensors. Permission to download copies of the Content is only granted in circumstances where download of the materials is for personal viewing or usage (not commercial viewing or usage).

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

11.  Unacceptable activity

You must not do any act to or in connection with our website that we would deem to be inappropriate, is unlawful or is prohibited by any law, including but not limited to:

  · collecting or tracking the personal information of others or do any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

  · using this website to abuse, intimidate, harass, discriminate against or defame or libel us, our employees or other individuals;

  · using any part of the website for any illegal or unlawful purpose;

  · reproducing, duplicating, copying, selling, reselling or exploiting any portion of the website without express written permission by us;

  · infringing upon or violating our intellectual property rights or the intellectual property rights of others;

  · submitting false or misleading information;

  · spamming, flooding, spoofing, bot attack, password attack, phish, pretext, spider, crawl, harvest or scrape, or in any way interfere with or circumvent the security features of the website or any linked webpage;

  · communicating, transmitting or uploading files that contain viruses, malicious code, malware, ransomware, spyware or bots that may cause damage to our property or the property of other individuals, or affect in any way the functionality or operation of the website, any linked webpage or any part of our IT environment; and

  · posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or similar, or material which is detrimental to or in violation of our systems or a third party's systems or network security.

12.  Termination

The obligations and liabilities of the parties incurred or arising prior to the termination date shall survive the termination of these Website Terms.

Your licence to access and view the website will be terminated, at any time and without notice, upon violation of our Website Terms. Immediately after termination, all downloaded material and any copies of such material retained by you must be destroyed.

13.  Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Content or any information we provide on the website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

To the maximum extent permitted by law, you expressly agree that your use of, or inability to use, the website or our services is at your sole risk. You acknowledge and agree that the website and all products and services delivered to you through the website are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, any information we provide on the website or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

14.  Errors, inaccuracies and omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

From time to time, we may publish or provide articles on our website written by third parties. To the full extent permitted at law, Senix Tools is not responsible for any error, inaccuracy or omission in any such article. Further, without limiting clause 4 or any other clause of these Website Terms, any article, content or information made available on our website has been published without consideration of your personal circumstances and does not, in any way, constitute advice. To the maximum extent permitted by law, Senix Tools is not liable for any loss, whether direct or indirect, arising from or as a result of any reliance on any articles, content or information made available on our website.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Senix Tools may make changes to this website at any time without notice. If the content or information on our website is out of date, Senix Tool makes no commitment at any time to update the content or information on the website. Senix Tools, and its employees and agents, do not guarantee the timeliness, accuracy, reliability, completeness or usefulness of the website or any of its content.

15.  Liability

To the maximum extent permitted by law, including the Australian Consumer Law:

  · in no event will we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the Content, information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date;

  · in no event will we be liable to a user for any special, incidental, indirect, exemplary, punitive or consequential damages of any kind (including damages which do not naturally arise) and however caused including, but not limited to, loss of use, loss or corruption of data or information, business interruption or loss of profits, loss of business opportunities, loss of goodwill, loss of or damage to any property, or damage to the health or safety of any person or individual;

  · we disclaim any responsibility for any losses, damages, costs, or expenses (direct or indirect) that may arise due to errors, omissions, or misrepresentations in the information provided on this site; and

  · we will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.

Without limiting the above, our liability to any user, in the aggregate is capped at $50.00.

These limitations apply even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.

16.  Jurisdiction and governing law

These Website Terms and your use of our website are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that state.

17.  General

If any of these terms are determined to be illegal, invalid, or unenforceable under the laws of any state or country in which these terms are intended to apply, then, to the extent and within the jurisdiction where that term is deemed illegal, invalid, or unenforceable, it shall be severed and removed from these terms. The remaining terms will persist, remain fully effective, and continue to be binding and enforceable.

Any omission or failure by us to enforce any of our rights under these Website Terms does not constitute a waiver of those rights.

Any ambiguities in the interpretation of these Website Terms shall not be construed against the drafting party.

Last updated on 18 September 2024