Terms & Conditions

1. Website

This Website is operated for and on behalf of Mercator Pty. Ltd. ACN 005 946 958.

 

2. Terms of Use

By you using this Website, you acknowledge and agree that you have read and understood these Terms of Use of Mercator for the use of this Website and that these Terms of Use apply exclusively to your accessing and using this Website. If you do not agree to these Terms of Use, you should not continue to use this Website.

These Terms of Use may be varied by Mercator from time to time by Mercator amending these Terms of Use as they appear on this Website or by notice in writing to you.

You agree that these Terms of Use as so varied will apply exclusively to your accessing and using this Website after any such variation.

 

3. Goods and Services

By you using this Website you also acknowledge and agree you have read and understood the Terms and Conditions of Mercator on which goods and services are supplied by Mercator and that those Terms and Conditions will (subject to these Terms of Use) apply exclusively to the supply of such goods and/or services made by Mercator to you pursuant to orders placed by you on Mercator using this Website.

You also acknowledge and agree that the Terms and Conditions may be varied by Mercator from time to time by Mercator amending the Terms and Conditions as they appear on this Website or by notice in writing to you.

You agree that the Terms of Conditions as so varied will (subject to these Terms of Use) apply exclusively to the supply of all goods and/or services made by Mercator to you pursuant to orders placed by you on Mercator using this Website after any such variation.

 

4. Priority

To the extent of any inconsistency between these Terms of Use, this Website or the Terms and Conditions:

  • (a) these Terms of Use will prevail over this Website and the Terms and Conditions; and
  • (b) the Terms and Conditions will prevail over this Website.

 

5. Log-in User Name and Password

You will only be able to place orders on Mercator using this Website if you have created or been issued a log-in user name and password by Mercator.

You agree that you are responsible for the safekeeping, confidentiality and security of your log-in user name and password.

You also acknowledge and agree that Mercator is not required to enquire as to the authenticity of orders for goods and services placed using the log-in user name and password created by you or issued to you by Mercator, and that you are liable for all (authorised and unauthorised) orders placed using the log-in user name and password.

You agree to release and indemnify Mercator in connection with any use (whether authorised or unauthorised) of your log-in user name and password.

Mercator may restrict your use of this Website by denying access to log-on to this Website or by written notice to you.

 

6. Specifications

Availability and specifications of goods and services which appear on this Website may change.

Similarly, reasonable variations in the finishes, materials, designs, shades, tints, colours, quality, functionality, performance and other specifications of goods and services may occur.

Likewise, all illustrations, pictures and videos on this Website are intended as approximate representations only and to the fullest extent permitted by law are not binding in detail with regard to finishes, materials, designs, shades, tints, colours, quality, functionality, performance and other specifications.

You should therefore check about the availability and specifications of goods and services before ordering goods and services, including even if you have previously ordered particular goods and services.

To the fullest extent permitted by law, Mercator accepts no liability whatsoever for any loss or damage (including consequential loss or damage), directly or indirectly, arising out of or in connection with any of the foregoing.

 

7. Orders

Any order placed by you on Mercator for goods and services using this Website is subject to acceptance by Mercator in accordance with the Terms and Conditions.

Acknowledgement of receipt of an order placed by you on Mercator for goods and services using this Website does not constitute acceptance by Mercator.

Mercator reserves the right to accept or reject an order placed by you on Mercator for goods and services using this Website including for the unavailability of ordered goods or services, an error in the price, an error in the description of the goods or services or an error in your order.

Mercator will advise you if it is not able to accept any order placed by you on Mercator once Mercator has considered any such order.

Except to the extent permitted by law, you may not cancel or defer an order placed by you using this Website without the prior written consent of Mercator, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this Website before it is placed.

 

8. Errors

You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed at an incorrect price or with incorrect information due to errors, corruption or like events.

In these circumstances, Mercator will be entitled to cancel the order or to adjust the price for goods and services ordered by you using this Website to the correct price and information.

 

9. Payment

Payment for goods and services ordered using this Website must be made in accordance with the Terms and Conditions.

If you make payment by credit, debit, charge or other form of payment card (Card), you agree to Mercator charging a fee for doing so to the extent permitted by law.

If you authorise or make payment by Card using this Website, you represent and warrant to Mercator that you are the holder of the Card (or a duly authorised person of the Card holder) and authorise Mercator to debit the Card for all monies owing to Mercator for goods and services ordered by you from Mercator using this Website.

You also acknowledge and agree that Mercator is not required to enquire as to the authenticity of orders for goods and services using your log-in user name and password nor is Mercator required to refer to you or the holder of the Card before debiting the Card for monies owing to Mercator for goods and services ordered by you from Mercator using this Website.

 

10. Return of Goods

Goods may only be returned in accordance with the Terms and Conditions or as otherwise required by law, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this Website before it is placed.

In the event Mercator agrees to accept goods for return that are not damaged, oversupplied, incorrectly supplied or defective, are not the subject of a warranty provided by Mercator or are not the subject of any applicable consumer or other guarantee provided by law to you, Mercator may charge a fee for the return of such goods.

 

11. Cancelled Orders

In the event Mercator agrees to you canceling or deferring an order placed by you using this Website in accordance with Clause 7 of these Terms of Use, Mercator may charge a fee for the cancellation of such order.

 

12. Intellectual Property

The content of this Website, including text, graphics, images, videos, software, names, brands, logos and trade marks, is copyright and is either owned or licensed by Mercator. Other than for the purposes of, and subject to the conditions prescribed under the, applicable copyright law and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

  • (a) copy, adapt, reproduce, transcribe, store, sell, translate, modify, frame, transmit, download, upload, post, distribute, print, display, broadcast, perform, publish or create derivative works from any part of this Website;
  • (b) use, copy or imitate the names, brands, logos or trade marks of Mercator; or
  • (c) commercialise any information, goods or services obtained from any part of this Website, without the prior written consent of Mercator.

You are not permitted to use the copyright, trade marks, designs, patents or other intellectual property rights of Mercator without the prior written consent of Mercator.

 

13. Restricted Use

Except as expressly prescribed in these Terms of Use or as otherwise authorised by Mercator in writing, you are provided with access to this Website on a non-exclusive, limited, revocable basis for your personal, or solely in connection with your own use, sale or promotion of our goods and services.

You may not use the information on this Website (including by hyperlink) in connection with the use, sale, promotion, advertisement, display or comparison of any goods, services, companies or brands of any person or entity other than Mercator.

The use of the information on this Website is subject to the provisions of these Terms of Use, including Clauses 6, 8, 14 and 18.

In no event are you permitted to disclose the terms and conditions on which goods and services are provided by us to you (including pricing) to any third party except as required by law.

Without limiting the foregoing you are authorised on a non-exclusive, limited, revocable basis to view, e-mail, download or print copies of the information on this Website, but only for your personal, non-commercial purposes or solely in connection with your own use, sale or promotion of our goods and services. In doing so, you must also include all copyright notices and other notices that are included on this Website.

The use of the information on this Website on any other website, platform or device for any other purpose is expressly prohibited.

If you use the content of or information on this Website in a way not expressly permitted by these Terms of Use, Mercator may revoke your permission to use this Website and such content and information. In that case, you must destroy all copies and reproductions however made upon demand by Mercator.

You may hyperlink your website to this Website on a non-exclusive, limited, revocable basis, subject to these Terms of Use. You agree not to post links to this Website on any websites that may be reasonably considered obscene, defamatory, threatening, grossly offensive, malicious or not relevant to the business of Mercator.

Mercator reserves the right to remove and disable any and all links to this Website. If Mercator revokes your right to hyperlink to this Website, you agree to immediately remove and disable all links to this Website.

 

14. Warnings

You should take your own precautions to ensure that your use of this Website does not expose you to risk of viruses or other forms of interference which may damage your computer system.

Mercator does not warrant the accuracy, adequacy or completeness of information contained on this Website, nor does Mercator undertake to keep this Website updated. To the maximum extent permitted by the law, Mercator does not accept responsibility for any loss or damage (including consequential loss or damage) suffered as a result of reliance by you upon the accuracy or currency of this Website.

You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using this Website.

To the maximum extent permitted by the law, Mercator does not accept responsibility or liability for any of the foregoing.

 

15. Linked Web Sites

This Website may contain links to other websites.

Those links are provided for convenience only, and Mercator does not endorse or make any representations or warranties about those websites. The use of such websites is at your own risk in all things.

 

16. Cookies and Privacy Policy

Mercator’s Privacy Policy (which can be accessed from this Website) is incorporated by reference into these Terms of Use and applies to your use of this Website.

 

17. Indemnity

To the maximum extent permitted by law, you agree to indemnify and keep Mercator fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which Mercator may suffer or incur arising in any way in connection with a breach by you of these Terms of Use.

 

18. Disclaimer

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

To the maximum extent permitted by law and subject to the following paragraph of this Clause 18, you agree that Mercator has no liability, and will not be liable, to you or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) you or any other person may suffer or incur (whether by the negligence or fault of Mercator or otherwise, except where Mercator has purposefully acted in bad faith) arising in any way in connection with the use of this Website by you.

If rights are conferred upon you or obligations are imposed upon Mercator by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 18 shall be read subject to those rights or obligations, and to the extent permitted by such legislation Mercator hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

Subject to the preceding paragraph of this Clause 18, you agree that the liability of Mercator (which cannot be limited beyond the following provisions) is limited to:

  • (a) in the case of the supply of goods by Mercator, any 1 or more of the following (at Mercator’s option):
    • (i) the replacement of the goods or the supply of equivalent goods;
    • (ii) the repair of the goods;
    • (iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    • (iv) the payment of the costs of having the goods repaired; or
  • (b) in the case of the supply of services by Mercator, any 1 or more of the following (at Mercator’s option):
    • (i) the supply of the services again; or
    • (ii) the payment of the costs of having the services supplied again.

Without reducing the effect of, and subject always to, the preceding provisions of this Clause 18, Mercator’s total aggregate liability (if any) to you arising in any way in connection with the use of this Website will not, in any event, exceed the amount invoiced by Mercator to you in connection with the use of this Website by you pursuant to which any such liability of Mercator to you arises.

For the sake of clarification, nothing in the preceding provisions of this Clause 18 is to be construed as Mercator having any actual or deemed liability to you or any other person as a result of or in any way arising out of or in connection with the use of this Website.

 

19. Miscellaneous

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

Mercator, us, we or our means Mercator Pty. Ltd. ACN 005 946 958.

Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

Any person, firm, company, government body or other entity who accesses or uses this Website is referred to as you or your.

Terms and Conditions means the terms and conditions of trade of Mercator on which goods and services are supplied by Mercator as they appear on this Website (or which have otherwise previously been agreed to by you) as may be varied by Mercator from time to time by Mercator amending the Terms and Conditions as they appear on this Website or by notice in writing to you.

References to ”include”, “including” and like words are by way of example only and are without limitation.

References to any document (including these Terms of Use) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time.

References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.

The failure of Mercator to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect Mercator’s right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use and any contract entered into between Mercator and you shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may also be enforced by Mercator in any other jurisdiction.