WebSafetyWebSafety
Please read these Terms and Conditions carefully as they contain important information regarding your rights and obligations when dealing with Web Safety Pty Ltd ACN 126 262 860 (“Web Safety”).
Application of Terms
The terms and conditions set out below are the terms and conditions (Terms) on which Web Safety will provide workwear, safety clothing, safety and personal protective equipment and other products (Goods) to you and on which you use Web Safety’s website at https://www.websafety.com.au/ (Website) and receive any services from Web Safety.
By accessing and using Web Safety’s Website, maintaining an account with Web Safety or placing an order for or purchasing any Goods from Web Safety you agree to these Terms in their entirety and without exception.
These Terms supersede any other agreement (written or oral) and constitute the entire agreement between you and Web Safety.
Customer Accounts
You are responsible for all customer details provided via the Website. Web Safety will not be responsible for any acts or omissions (including delayed, misdelivered or lost shipments for Goods) if your details are incomplete, inaccurate or contain any error.
Accounts are personal to you and must not be used by any other person. If you are issued with a username and/or password for the Website you must keep your username and password secure.
Orders
Representations as to the availability of Goods and price of Goods do not constitute an offer for sale, but are an invitation to treat.
You may purchase Goods in a Web Safety retail shop or by placing an order for Goods displayed on the Website using your customer account or such other method as the Website allows from time to time. You must review your order carefully before placing it and acknowledge that, once an order is confirmed, you may not be able to cancel or change it. If the Website accepts your order (or Web Safety otherwise confirms acceptance of your order) you agree that the content of the order displayed on the website at the time of submission is correct (including without limitation the description, size, quantity, price, postage and delivery costs and timing).
Unless agreed otherwise with Web Safety, Web Safety only accepts orders that nominate a delivery address in Australia and will only deliver to addresses located in Australia.
Web Safety reserves the right to refuse to accept your order for any reason, including if you are in breach of any of these Terms or Web Safety suspects or believes you will breach these Terms. Web Safety can cancel an order at any time, including after acceptance, but if you have made payment Web Safety will refund the amount paid.
Web Safety may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that Web Safety makes a change to or cancels an order, Web Safety may attempt to notify you by contacting the e-mail or address provided at the time the order was made. Web Safety reserves the right to limit or prohibit orders that, in its opinion, appear to be placed by dealers, resellers or distributors.
Web Safety’s acceptance of your order is subject to availability of the Goods. While Web Safety uses its reasonable endeavours to ensure that any inventory or availability advised by the Website or otherwise is accurate, such notification is an estimate only and is not a representation that those Goods will be available (or available within any particular time).
Payment
The price for each Good displayed on the Website is displayed in Australian dollars (AUD) inclusive of any Australian GST payable. Postage and handling costs are in addition to those prices and will be displayed prior to you being required to confirm your order. Goods ordered are charged at the price applicable at the time the order is submitted.
You must pay for the Goods in full at the time you submit an order on the Website or at the point of sale in a retail store using the payment method(s) made available by Web Safety from time to time. If your payment is declined or not received your order will be cancelled.
You acknowledge that the payment for supply of Goods to you is completed through third-party service providers, such as PayPal, AfterPay and ANZ eGateway or such other similar services as may be employed by Web Safety from time to time. By purchasing Goods through use of these services you understand and acknowledge that you are entering into a separate legal agreement with these third-party service providers and agree to their terms, conditions and policies as they may vary from time to time.
Web Safety reserves the right to change the price for Goods at any time. Price changes will not apply to Goods already paid for, unless Web Safety believes there has been an error made in calculating the price for an order (in which case you can choose to cancel your order or proceed with the order subject to the newly advised price).
Title in Goods does not pass to you until Web Safety has received payment in full.
Delivery
The Goods you order on the Website will be sent to your nominated address using the method described by Web Safety at the time you place your order unless otherwise notified by Web Safety. Web Safety reserves the right to substitute, alter or vary the method of delivery at any time. Unless otherwise indicated, shipping or postal insurance is not included as part of any order or shipment. You are encouraged to arrange for such insurance yourself.
For Goods that are in-stock and available for despatch at the time you place your order Web Safety will endeavour to have your Goods delivered to you within 7 days of your order being placed. Any delivery timeframes or shipping dates provided are estimated only, and Web Safety accepts no responsibility for late, delayed or misdirected deliveries.
Your order may require a signature on delivery, or be subject to additional verification or acceptance requirements notified by Web Safety or its agents from time to time. You must familiarise yourself with these requirements and you are responsible for complying with them.
If your nominated delivery address is incomplete or incorrect, or requirements of the kind described in the above paragraph are not complied with, you will be liable for any additional costs Web Safety incurs in receiving or redirecting the returned order and/or re-sending your order and you must pay these additional costs within 7 days of receiving an invoice and prior to the Goods being resent.
All Goods you have ordered must be checked by you upon delivery. You are deemed to have accepted any Goods as being in conformity with your order unless you notify Web Safety in writing within 5 business days of delivery. Web Safety will not be liable for any stolen or damaged Goods after delivery to you.
Force Majeure
Web Safety will not be responsible for any delays in delivery of Goods due to causes beyond its reasonable control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, strikes, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, pandemics, disease, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation. If there is a delay due to causes beyond the reasonable control of Web Safety the delivery period shall be correspondingly extended or, if agreed by both you and Web Safety the order or sale will be cancelled at no fault to either party and any amount paid shall be refunded.
Returns and Exchanges
You may only return or exchange Goods you have purchased from Web Safety if an express manufacturer’s warranty or guarantee under the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) (ACL) applies. This includes where the Goods do not match any description provided by Web Safety or are faulty, defective, unsafe or not fit for the purpose for which they were designed.
Prior to returning any such Goods you must submit evidence of the fault to Web Safety for its assessment and receive a return authorisation.
Any claim by you for a breach of a guarantee under the Australian Consumer Law, which is not a major failure, shall at Web Safety’s discretion be limited to:
(a) to the extent that the claim relates to the supply of goods by Web Safety:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iii) the payment of the cost of having the goods repaired;
(a) to the extent that the claim relates to the supply of services by Web Safety:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
If any claim by you for a breach of a guarantee under the Australian Consumer Law is for a major failure, you are entitled to a replacement of the goods or a refund of the price of the goods.
Intellectual Property
Copyright and all other intellectual property rights in materials contained on the Website are owned by or licensed to Web Safety. No intellectual property rights or other rights in and to the information and materials on the Website are transferred to users of the Website unless specifically authorised by Web Safety.
Limitation of Liability
Web Safety has made every effort to display on its Website as accurately as possible the colours and images of the Goods as they appear in store and upon delivery to you. Web Safety cannot guarantee that your computer monitor’s display of any colour will be accurate.
Web Safety takes reasonable care in supplying Goods based on information provided by the customer. However Web Safety is not responsible or liable for any loss or damage caused to person or property as a result of the customer’s failure to seek professional advice from appropriate authorities or safety specialists before making a purchase from Web Safety.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the ACL:
(a) Web Safety excludes all other guarantees, warranties, conditions and representations, express or implied, relating to or arising out of these Terms; and
(b) Web Safety, its agents, instrumentalities, officers or employees will not be liable for, or accept responsibility for any compensatory, special, incidental, direct, indirect or consequential damages of any kind or for any liabilities, claims and expenses, however caused, (including but not limited to legal costs and defence or settlement costs), or for any damages for loss of data, loss of actual or anticipated profits, income or revenue, loss of business or any other losses whatsoever that result from the use of the Website, or reliance on information contained on or accessed through the Website, use of any Goods or otherwise arising under these Terms whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
Where a claim has not been entirely excluded by operation of the above provisions, the maximum aggregate liability of you or Web Safety for all claims arising out of, or in connection with these Terms, whether based upon contract, tort, or otherwise, shall not exceed the greater of:
(a) the purchase price for the Goods; or
(b) any other amount which is required to be paid as damages in respect of the claim(s) under the ACL.
Continuity of Service
Web Safety shall use commercially reasonable endeavours to make sure the Website is available on-line 24 hours per day, seven days a week, subject to the below qualifications, but Web Safety does not warrant that your use of and access to the Website will be uninterrupted or error-free.
Privacy
In creating and using the Website, Web Safety will collect personal information about you in accordance with the terms of its Privacy Policy. If you would like a copy of the Privacy Policy, please contact Web Safety.
The Website may also use cookies (small piece of information stored on your computer to recognise you the next time you visit the online store). The cookies hold encrypted information that identifies you to Web Safety to make your shopping easier and to help Web Safety understand how the Website is used.
Depending on the payment method used at the time you order any Goods, Web Safety may be required to pass your credit card and other details through to its financial institution or payment processing provider to process your order. Web Safety will not, however, store your credit card details after your purchase without your consent.
Security of Information
No data transmitted over the Internet can be guaranteed as completely secure. Web Safety takes reasonable steps to protect information (such as your contact details and financial information), but Web Safety does not warrant and cannot ensure the security of any information you transmit. Accordingly, any such information is transmitted at your own risk.
General
These Terms are governed by the laws of South Australia and you and Web Safety submit to the exclusive jurisdiction of the courts of South Australia.
Web Safety does not represent or guarantee that the Website, or your use of the Website, will comply with the laws of any other country. If you access or use the Website from outside of Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place from where you are accessing or using the Website.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, it will be severed from these terms and conditions and the remaining provisions will continue in full force.
Please read these Terms and Conditions carefully as they contain important information regarding your rights and obligations.
1. All entries into the social media competition (‘Competition’) conducted by Web Safety Pty Ltd ACN 126 262 860 (‘Promotor’) are governed by the terms and conditions below (‘Terms and Conditions’).
2. Each person who enters the Competition, in the manner outlined below, (‘Entrant’) by entering and participating in the Competition, accepts and agrees to abide by these Terms and Conditions.
ENTRY DETAILS
3. Entry to the Competition is open to all persons with a social media account with Facebook or Instagram who reside in South Australia. If the Entrant is under 18 years of age the parent/guardian of the Entrant must read and consent to these Terms and Conditions on their behalf.
4. Officers and employees of the Promoter are ineligible to enter the Competition. For the avoidance of doubt immediate family of officers and employees (who are not themselves officers of employees of the Promotor), including a spouse, child or step-child (whether natural or by adoption), parent or step-parent, may enter the Competition.
5. The Competition will be open for entry between 12:30 p.m. on Monday 15 August 2022 and 8:00 a.m. on Wednesday 31 August 2022 (‘Competition Period’).
6. To enter the Competition, the Entrant needs to do all of the following:
6.1. like the Facebook or Instagram post advertising the Competition (Competition Post);
6.2. share the Competition Post on either Facebook or Instagram;
6.3. tag a person from the Entrant’s social media network, creating a link to their profile on either Facebook or Instagram, in the comments section of the Competition Post;
6.4. like either Promotor’s Facebook page at https://www.facebook.com/Websafetysa/ or Promotor’s Instagram page at https://instagram.com/websafetysa
7. An Entrant may enter the Competition as many times as they like provided that the person tagged pursuant to clause 6.3 is a different person for each entry.
8. Entries are deemed to be received at the time according to the Promotor’s database. The Promotor accepts no responsibility for late, lost or misdirected entries or other communications or for any technical error that may occur in the course of the administration of the Competition.
9. The Entrant may remove their entry from the Competition and cease participation in the Competition by notifying the Promotor by email at admin@websafety.com.au at any time before the time for selection of the Winner specified in clause 11.
10. Any costs associated with entering the Competition are the responsibility of the Entrant.
WINNER
11. The Competition is a game of chance. The winner of the Competition (‘Winner’) will be selected at random by way of a random number generator instigated by the Promotor at its premises at 246 Grand Junction Road Athol Park SA 5012 at 9:00 a.m. on Wednesday 31 August 2022.
12. The Winner will be announced within 24 hours from selection of the Winner pursuant to clause 11. The Winner will be advised by direct message through the social media platform through which they entered the Competition.
13. The Winner will receive, as the prize, one (1) pair of Steel Blue boots of a style stocked by the Promotor (subject to availability of sizes), one (1) Yakka Y06690 shacket and a three (3) pack of work socks. This prize is not transferable, substitutable or exchangeable and cannot be redeemed for cash.
14. If any prize (or part of any prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of equal value and/or similar specification.
15. The Entrant consents to the use and publication of their name as the Winner.
16. If due to any reason whatsoever the Promotor becomes aware that the Winner has not complied with these Terms and Conditions that Entrant will have no entitlement to the prize, even if the Promoter has announced him/her as the winner and that Entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
17. If the Winner is unable to be contacted by direct messaging or the Winner does not respond to the Promoter’s initial communications or the Winner does not provide an address for delivery of the prize or collect the prize from the Promotor, at the place advised by the Promotor, within 7 days from the Promotor advising the Winner that he or she has won the Competition then the prize will be forfeited by the Winner. In such circumstances, the Promotor will select at random by way of a random number generator instigated by the Promotor a replacement Winner to receive the prize outlined in clause 13.
INVALID ENTRIES
18. If the Promotor reasonably determines that an entry is incomplete, illegible, or contains offensive or defamatory comments, or breaches any law or infringes any third party rights the entry will be deemed invalid.
19. The Promotor reserves the right, at any time, to invalidate any entry (and any person who submits or causes an entry to be submitted) which it reasonably suspects has been submitted: (a) using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information; (b) through the use of multiple identities, email addresses or accounts; and/or (c) in any way in contravention of these Terms and Conditions.
20. In the event of any dispute regarding the administration, rules, results and all other matters relating to the Competition, the decision of the Promotor shall be final and no correspondence or discussion shall be entered into.
LIMITATION OF LIABILITY AND INDEMNITY
21. If for any reason the Competition is not capable of running as planned, including without limitation due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promotor, the Promotor reserves the right in its sole discretion to cancel, terminate, modify, extend or suspend the Competition and in such circumstances the Promotor shall not be under any obligation to supply any prize for the Competition.
22. With the exception of liability which cannot be excluded by law, the Promotor shall not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained (including negligence) as a result of the Entrant entering the Competition.
23. Once the prize has left the Promoter’s premises, the Promoter takes no responsibility any damage, delay or loss in transit of the prize.
24. The Entrant agrees to hold harmless and indemnifies and keeps indemnified the Promotor from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to the Entrant’s participation in the Competition, the Entrant’s receipt of a prize, acceptance of a prize and/or use or misuse of a prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)).
25. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its employees, related companies, officers, agents and assigns exclude all liability (including negligence) for any personal injury or death or any loss or damage whether direct, indirect, special or consequential, (including loss of opportunity) arising in any way out of the Competition or the Entrant accepting or using the prize.
PRIVACY
26. The Promotor may collect the Entrant’s personal information (as that term is defined in the Privacy Act 1988 (Cth)) in order to conduct the Competition and distribute any prizes. If the information requested is not provided, the Entrant may not be able to participate in the Competition.
27. All personal information provided by the Entrant will be used and may be disclosed by the Promotor in accordance with its Privacy Policy available at https://www.websafety.com.au/privacy-policy/ or these Terms and Conditions. Where a provision in these Terms and Conditions is contrary to a provision of the Privacy Policy the provision in these Terms and Conditions shall prevail. By providing his or her personal information, the Entrant agrees to such use by the Promotor.
28. The Entrant acknowledges that any personal information of the Entrant contained in the records of entry shall be retained and stored by the Promotor for at least 3 calendar months after the selection of the Winner and may be disclosed to the Liquor and Gambling Commissioner.
29. By entering the Competition, unless otherwise advised, the Entrant agrees that the Promotor and its employees, related companies, officers, agents and assigns may use the personal information of the Entrant for the purposes of sending the Entrant electronic direct messages and for the purposes of delivering a prize to the Winner.
GENERAL
30. The Entrant acknowledges that the Competition is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram or any other social media platform whatsoever. Entry into the Competition is deemed acceptance of the terms and conditions of any relevant social media platform’s terms and conditions.
31. The Competition and these Terms and Conditions are governed exclusively by the laws of South Australia.
