Banksia Education
 Terms and Conditions

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the websites of Banksia Education including whether as a guest or a registered user. These Terms may be occasionally updated, so please refer back to them in the future. By using this Website you agree to be bound by the then current version of these Terms.

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

Banksia Education registered in Australia under company number ABN

Head office 3/160 Lytton road Bulimba Brisbane Queensland

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them

OUR LIABILITY

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to maintenance, server or technical issues. Therefore we will not be liable if this Website is unavailable at any time.

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill;

• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. By posting content to this Website you agree we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this Website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 8 of these Terms.

By posting content to this Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.

You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this Website, any content you supply to this Website, or your violation of these Terms or the rights of another.

LINKING TO OUR SITE

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request

Intellectual Property Information

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior written consent Subject to paragraph no part of this Website may be reproduced without our prior written permission.

JURISDICTION AND APPLICABLE LAW

Governing Jurisdiction

These Terms shall be governed by and construed in accordance with the law of the Queensland Australia. By using this Website you agree that any dispute(s) arising in connection with this Website are subject to the exclusive jurisdiction of Queensland.

The courts of the country in which the servers hosting our site are located will have jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the country in which the servers hosting our site are located

Terms and conditions of product purchase

As the range is quite extensive some items may be supplied ex Sydney, Brisbane or Germany so please plan ahead to avoid disappointment, additional information as to order progress will be emailed.

Special urgent orders can be airfreighted if stock is not available, costs and delivery date will be notified on request

The goods shall remain the property of Banksia Education until full payment is received.

NOTIFICATION OF COMPLAINTS: Purchaser shall notify ccglass within ten (10) days of receipt of ccglass products regarding any defect or deficiency therein, including questions regarding the invoice, mis-shipments or lost or damaged shipment. Failure to provide such notice to ccglass shall be deemed acceptance of such Banksia Education products as complete and satisfactory to Purchaser

CANCELLATIONS: Purchaser's purchase orders shall not be subject to cancellation, changes or reductions in amount, or suspension of deliveries except upon ccglass prior written consent and upon terms which indemnify Banksia Education against loss.

Items ordered as indent cannot be cancelled.

PURCHASE ORDERS: Unless otherwise specified, no Banksia Education products will be shipped until Purchaser has completed a shopping cart procedure Purchase orders shall state: the Banksia Education products ordered, including model numbers, if applicable; quantity; requested delivery dates; billing address; shipping address; and shipping instructions

SHIPPING: Unless otherwise requested in writing by Purchase, (a) all ccglass products will be shipped by whatever means and carrier that ccglass considers to be the most appropriate method of transportation, and (b) all freight and insurance charges will be prepaid by Banksia Education and added to the invoice. Risk of loss shall pass to Purchaser upon delivery by ccglass to the carrier.

Contact

Should you wish to contact us about these Terms, please send an email sales@banksiaeducation.com.au