• Terms and Conditions

Terms and Conditions

1. Definitions and Interpretation

1.1 The following definitions apply. 
“ Administration User” means the representative of the Reseller appointed by the Reseller and having authority to appoint Users and nominate the functions of the Facility that each User is to be permitted to access on the Reseller’s behalf.

“Alloys” means Alloys International Printer and Hardware Division Pty Ltd ACN 534 566 842 of 1B-1C Marine Parade, Abbotsford, Victoria 3067.

“Facility” means the Alloys On-Line system incorporating “ordering”, “web account maintenance”, “on-line catalogue” modules located at the internet website www.alloysonline.com.au or at any website nominated by Alloys from time to time.

“Reseller’s Logon” means the username and password issued by Alloys to Reseller under which Reseller is granted access to the Facility.

“User” means a representative of Reseller authorised to access the Facility and operate the Facility under Reseller’s Logon and includes the Administration User.

1.2 
(a) A reference in these terms and conditions to Reseller includes where the context permits all persons authorised to operate the Facility under Reseller’s Logon. 
(b) A reference in these terms and conditions to the use of the Facility by the Reseller includes all transactions undertaken under the Reseller’s Logon.

2. Privacy Policy

Access to the Facility by the Reseller is subject to Alloys' Privacy Policy. Alloys' Privacy Policy is located at the internet website www.alloysonline.com.au/privacy.asp.

3. Security

3.1 
Reseller acknowledges that the Administration User may enable Users to use the Facility and undertake transactions that are legally binding on and/or have other important consequences for Reseller, including but not limited to:

(a) The disclosure of Reseller’s confidential information to User including information in relation to Reseller’s credit status with Alloys; and 
(b) Enter into legally binding contracts on Reseller’s behalf for the purchase of Products from Alloys. 
Reseller further acknowledges that access to the Facility and the functions available within the Facility is controlled by: 
(i) Company Code, User Name and password issued by Alloys to the Administration User at the request of the Reseller; and 
(ii) Company Code, User Name and password issued to the Users by the Administration User.

3.2 
(a) Reseller must ensure that all Users keep all Company Code, User Name and password information strictly confidential. 
(b) Reseller accepts full responsibility and liability for all transactions undertaken by Reseller and Users on the Facility.

3.3
Subject to Clause 3.4, Reseller’s responsibility and liability under Clause 3.2 shall be absolute and includes circumstances where a User’s password has been lost or revealed to any third party.

3.4 
Reseller’s responsibility and liability for the use of the Facility by a User shall not cease until Alloys receives written notice from the Reseller (and Alloys has acknowledged receipt of such notice) that the User’s password has or may have been compromised or that the access to the Facility by the User is to be terminated.

3.5 
Subject to Clause 3.4, the Reseller agrees that Alloys shall not be responsible for and releases Alloys from liability in respect of any loss or damage to the Reseller as a result of the use of the Facility by the Reseller.

3.6 
Subject to Clause 3.4, the Reseller indemnifies and keep indemnified Alloys from and against all liabilities actions claims demands losses damages proceedings costs charges and expenses for which Alloys shall or may be or become liable as a result of offering the Facility for use by the Reseller.

4. Use of Facility

4.1
Alloys gives no warranty that any product ordered by the Reseller under the Facility is fit for any specific purpose. Reseller shall be liable to ensure that a product or product configuration is fit for the purpose required by the Reseller’s customer.

4.2 
Alloys International gives no warranty or representations in relation to the accuracy of pricing of any product provided by the Facility. Alloys reserves the right to change the pricing of any product at any time with or without prior notice to the Reseller.

4.3 
Orders placed under the Facility represent offers by Reseller for the purchase of products and are subject to acceptance by Alloys International in writing or by the delivery of the products. For the avoidance of doubt, a user’s order confirmation displayed on this website or sent to the Reseller by email does not constitute acceptance..

5. Facility Availability and Performance

5.1 
Alloys makes no representation and gives no warranty with respect to the availability or performance of the Facility and shall have no liability in relation to the performance or availability of the Facility.

5.2
Alloys reserves the right to modify amend and/or discontinue the Facility at any time in which event Reseller shall have no claim whatsoever against Alloys.

6. General

6.1 
The Facility is provided “as is” and “as available” and Alloys makes no warranty or representations in relation to the accuracy of any content of the Facility Alloys assumes no liability for any errors or omissions in the content of the Facility.

6.2 
Alloys will in no event be liable for damages arising as a result of Reseller’s use of this site.

6.3 
The use of the Facility shall be exclusively governed by the Laws of Victoria, Australia and all disputes arising from or relating to the use of the Facility are exclusively subject to the Courts of Victoria, Australia.

7. Intellectual Property

7.1 
Reseller should assume that all content on the Facility is copyrighted and that it may not be used without Alloys' prior written consent.

8. Encryption

8.1 
Information or data sent to or received from the Facility is encrypted over a 128 bit SSL connection. Details of other security measures can be found at 
www.alloysonline.com.au/privacy.asp. Alloys otherwise makes no representation or warranty with respect to the security or confidentiality of material transmitted through the Facility.

9. No Partnership

9.1 
Reseller acknowledges and agrees that it is not in partnership with Alloys and that the words “Alloys On-Line” shall not be construed to the effect that Reseller and Alloys are partners or are in partnership including but not limited to under the Partnership Act or equivalent legislation.

9.2 
Reseller must not claim and must not make any representation whatsoever that may be construed to the effect that Reseller is a partner of or is in partnership with Alloys. Without limiting the generality of this Clause 9.2 Reseller must not use the term “partner” “partnership” or like term in any representation or description made to any person with respect to the relationship between Reseller and Alloys including with respect to the participation by Reseller in the Facility.

9.3 
Reseller indemnifies and keep indemnified Alloys from and against all liabilities actions claims demands losses damages proceedings costs charges and expenses for which Alloys shall or may be or become liable as a result of any claim made against Alloys by any person on the basis that Alloys is a partner or is in partnership with Reseller. 


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