Meshspan Terms & Conditions Of Business

The following Terms and Conditions shall govern all dealings between us (Meshspan ABN 51 155 660 503) and you the person or company or otherwise dealing with us as the Customer.

1. Quotations

All quotations and offers made by us or orders accepted by us are only made on the basis that these terms and conditions shall apply. The Terms & Conditions contained herein shall take precedence over any other terms and conditions deemed to apply to the contractual relationship between us and you. No term or condition shall be varied, waivered, deleted or amended unless expressly stated in writing and signed by us. We may amend or vary these terms and conditions at any time by written notice to your place of business and you will be bound by any such amendments on all orders made after notice is provided.

We reserve the right to confirm in writing any quotations given by us orally when we receive your order (the “Order) for the supply by us of any goods (the “Goods”) or the performance by us of any services (the “Services”).

2. Orders

(a) Your Order once accepted by us either orally or in writing shall give rise to a binding contract (“the Contract”) which shall include all these terms and conditions and shall be governed by the laws of the State of New South Wales.

(b) Your Order once accepted by us may not be cancelled or altered except upon terms and conditions satisfactory to us which may include payment by you of a cancellation or alteration fee for all expenses we incur by way of labour, materials, services, freight, overhead expenses, fees, duties, taxes and loss of profit or loss of opportunity.

3. Performance & Delivery

(a) Performance and delivery times are quoted in good faith and as accurately as we are able to estimate but we accept no liability for non–performance or non–delivery by a certain time unless we have given a prior written guarantee of such performance or delivery and provided therein for liquidated damages for failure to perform or deliver.

(b) Where Services or procedures quoted are performed by any sub–contractor (the “Subcontractor”) to us or goods quoted are supplied to us by any of our suppliers (the “Supplier”), the times quoted for performance or delivery are based on the Subcontractor’s or Supplier’s promised times of performance or delivery to us or upon our estimate of a reasonable performance or delivery time; and we do not accept liability for non–performance or non–delivery by a certain time unless a prior written guarantee of such performance or delivery has been provided to you in writing.

(c) The Price does not include the cost of delivery of the Goods unless otherwise stipulated in writing on the Order. Delivery by special arrangement shall be arranged by us and we reserve the right to make a charge additional to the Price for such extra service. The cost of any special packing and packing materials used in relation to the Order are at your cost notwithstanding that such cost may have been omitted from the quotation.

(d) In no event will we accept liability for any delay or failure in delivery or for delivery of the Goods by instalments if caused by any act, matter or thing beyond our control. If we deliver any of the goods by instalments, and any one of those instalments is defective for any reason:

(i) It is not a repudiation of the contract of sale formed by these conditions; and

(ii) The defective instalment is a severable breach that gives rise only to a claim for compensation in respect of that instalment.

(e) Acceptance of the Goods must take place immediately following delivery.

You will be deemed to have accepted the Goods once we have provided you with reasonable access to the Goods for the purpose of enabling you to inspect them, and once you have communicated your acceptance of the Goods to us.

Any rejection of the goods or claim in respect of short delivery must be communicated to us in writing by registered post within 7 days of acceptance having occurred, failing which you will be deemed to have accepted delivery and to have waived any claim for shortage in respect of the delivered goods. Such notification shall clearly state the full particulars of the nonconformity.

(f) Delivery is from our premises unless otherwise specified.

(g) We are not responsible to you or any person claiming through you for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not we are legally responsible for the person who caused or contributed to that loss or damage). We will however, provide you with such assistance as may be necessary to press claims on carriers so long as you notify us and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and lodge a claim for compensation on the carrier within 3 days of the date of receipt of the goods.

(h) We reserve the right to make a reasonable charge for storage if delivery instructions are not provided by you within 14 days of a request for such instructions. You agree that we may charge for storage from the first day after we request you to provide delivery instructions. In regards to a claim for a charge for storage under this clause, you acknowledge that fulfilment of the terms of payment are established and that we shall be entitled to issue the relevant invoice on those terms.

(i) We are not under any duty to accept goods returned by you and will do so only on terms to be agreed in writing in each individual case.

4. Price

(a) The price quoted for the Order (the “Price”) is subject to withdrawal by us at any time prior to our acceptance of the Order.

(b) Unless otherwise stated the Price is exclusive of Goods and Services Tax (GST).

(c) All local, State or Federal taxes or levies including where applicable GST shall be payable by you.

(d) All offers or quotations by us shall be in force for no longer than 30 days unless otherwise specified in writing by us.

5. Terms of Payment

(a) Unless otherwise negotiated between you and us our terms of payment are nett cash 14 days from date of invoice. You shall not be entitled on any grounds whatsoever either wholly or in part to withhold payment when it becomes due. Any claim or dispute gives no right for you to suspend or delay payment of the invoice.

(b) If any payment is not made by you to us on the due date thereof:

(i) we will issue a reminder notice to you (Reminder Notice) at such time as we consider fit, in our absolute discretion;

(ii) if you do not pay the overdue account in full within 7 days after we send you a Reminder Notice:

(A) We reserve the right, and without prejudice to our other rights hereunder and at law, to cancel orders or to suspend deliveries of other goods until such payment has been made; and

(B) All monies owing to us including all monies owing to us for goods sold shall become immediately due and payable and you shall indemnify us against all costs (including Solicitor and own client costs, commercial agents, commissions, freight, surcharges, fees, insurances, accounting costs, loss of profit and all interest) incurred by us as a result of such default in the action taken by us in respect of the same.

(iii) We will charge an amount 4% higher than the rate specified in the Penalty Interest Rate Act 1983 (Victoria) on all overdue accounts until such time as payment is made in full;

(c) Any sum due by you to us under this contract shall fall due immediately on the initiation of any act or proceeding involving your solvency, Clauses 5(a) and 5(b) notwithstanding.

(d) Time is of the essence in relation to payment for goods and services. If no date for payment is stated on the invoice, quotation or order form then payment shall be made on the date of delivery of the goods or performance of the services to you.

(e) Notwithstanding clause 5(a), we may require:

(i) A deposit at the time of order; and/or

(ii) Payment of the full price of the Order prior to the supply of the Goods and/or Services, as a condition of accepting an Order.

(f) We reserve the right to render an interim invoice/s if so stipulated on the quotation or as otherwise allowed for in these Terms and Conditions. For the avoidance of doubt, interim invoices are payable on the terms set out under clause 5(a).

(g) In the event that your company or an individual director/owner possesses a bad credit rating, as determined by an independent credit agency, we reserve the right to alter any previously agreed payment terms and request full payment be made to us prior to any further activity being made by us in relation to your order.

6. Drawings, etc.

(a) Any deviation from any of the applicable specifications, drawings, and particulars of weights and dimensions that are minor in nature only does not vitiate any contract with us or form grounds for any claim against us.

(b) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods and services or of the description applied to the goods and services.

(c) Our specifications, recommendations, pricing, drawings and other particulars are specific to the quantities set out in the quotation and are subject to change if the quantities are later adjusted.

7. Property & Risk

(a) Title to any Goods remains with us and does not attach to any real property until payment in full for the Goods has been made and credited to our bank account without reservation. We shall be entitled to enter upon your business premises or any premises of your Principals or as your agent upon any premises where you have a licence to enter to take possession of any of our Goods not paid for at any time after payment falls due.

(b) We reserve the right to attach to any Goods at any time plaques, labels, notice or stickers (the “Plaques”) indicating our continuing title to the Goods and you hereby covenant that you will not remove or permit to be removed any such Plaques until you have paid us for the Goods in accordance with Clause 5(a) hereof.

(c) Your dealings with the Goods prior to payment in full to us under subclause (a) above are to be conducted by you for us as in a fiduciary capacity and as our bailee of the Goods. Any proceeds of a purported sale of any of the Goods by you to a third party shall be held by you in a fiduciary capacity in a separate bank account on our behalf and the trust implied herein shall not determine until payment is made to us in full in accordance with Clause 5(a) hereof. You shall assign to us any claims against such third party in respect of the Goods.

(d) Risk to the Goods passes to you upon acceptance having occurred, pursuant to clause 3 (e). It shall be your responsibility to keep the Goods insured at your expense against loss or damage and to indemnify us in full for any such loss or damage that may occur to the Goods at any time prior to your payment in full for the Goods.

(e) For the avoidance of doubt, risk to the Goods shall remain with us until acceptance occurs, pursuant to clause 3(e).

8. Personal Property Securities Act 2009 (Cth)

(“PPSA”)

(a) In this Clause:

(i) Financing Statement has the meaning given to it by the PPSA;

(ii) Financing Change Statement has the meaning given to it by the PPSA;

(iii) Security Agreement means the Security Agreement under the PPSA created between you (the Customer) and us by

these Terms & Conditions; and

(iv) Security Interest has the meaning given to it by the PPSA.

(b) Upon assenting to these terms and conditions in writing, you acknowledge and agree that these Terms & Conditions:

(i) Constitute a Security Agreement for the purposes of the PPSA; and

(ii) Create a Security Interest in:

− All Goods previously supplied by us to you (if any);

− All Goods that will be supplied in the future by us to you.

(c) You undertake to:

(i) Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all aspects) which we may reasonably require to:

− Register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Personal Property Securities Register;

− Register any other document required to be registered by the PPSA; or

− Correct a defect in a statement or other registrable document referred to in this clause 8(c)(i).

(ii) Indemnify, and upon demand reimburse us for all expenses incurred in registering a Financing Statement or Financing Change Statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby.

(iii) Not register a Financing Change Statement in respect of a Security Interest without our prior consent.

(iv) Not register, or permit to be registered, a Financing Statement or a Financing Change Statement in relation to the Goods in favour of a third party without our prior written consent.

(v) Immediately advise us of any material change in your business practices of selling the Goods which would result in a change in the nature of proceeds derived from such assets.(d) Both parties agree that Section 96 and Section 125 of the PPSA do not apply to the Security Agreement created by these Terms & Conditions.

(e) You hereby waive your rights to receive notices under Section 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

(f) You waive your rights as a guarantor and/or debtor under Sections 142 and 143 of the PPSA.

(g) Unless otherwise agreed to in writing by us, you waive your rights to receive a verification statement In accordance with Section 157 of the PPSA.

(h) You shall unconditionally ratify any actions taken by us under Clauses 8(c) to 8(e).

9. Warranties & Liabilities

(a) Goods supplied and services performed by us are done so based upon the instructions and information provided by you. You agree that you do not rely upon the skill and judgement of us in relation to the suitability of any of the goods for a particular purpose or application for which the goods are required by you and we are under no liability whatsoever if the goods are not suitable and fit for your Intended purpose.

(b) Where we give advice in the course of supplying the Goods to you or performing the Service for you we give all such advice in good faith and with due diligence but we shall not be held liable at law for any such advice.

(c) Processes performed or Goods supplied by any Subcontractor or Supplier shall only have the benefit of such warranty as we have from such Subcontractor or Supplier and then only to the extent that such warranty is honoured by such Subcontractor or Supplier.

(d) Except as provided in these conditions, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We shall not be liable to you or your servants or agents for any direct, indirect, incidental or consequential loss, injury or damages of any nature howsoever caused (whether based on tort contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business representation, direct or indirect labour costs and overhead expenses and damage to Services or Goods or in consequence of any fault or defects in the same or property or any other claim whatsoever arising directly or indirectly or in any way attributable to the supply, layout, assembly, installation or operation of the Goods and Services or to the performance of or failure to perform this contract whether resulting from the negligence of us, our servants, agents or otherwise. The provisions of this clause shall not apply insofar as their applications are prevented by the Competition & Consumer Act 2010 or any other State or Territory laws.

(e) We make no representation or warranty that the services or goods conform with all or any legislation, by-laws or regulations including but not limited to the Occupational Health and Safety Act 1985 or Building Act 1993.

You agree to make your own enquiries regarding these matters.

You further agree that you shall be liable and indemnify and keep indemnified us against all actions, proceedings, costs, charges, claims or demands arising directly or indirectly out of or in connection with any breach by you of any legislation, by-laws or regulations including but not limited to the Occupational Health and Safety Act 1985 or Building Act 1993.

(f) Nothing in these conditions shall be read or implied 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 including the Competition & Consumer Act 2010 and which by law cannot be excluded, restricted or modified.

(g) Where the Contract relates to the supply of Goods only the following additional terms and conditions apply:

(i) We take no responsibility for the construction or set up of the Goods.

(ii) We will not be liable for and you release us from any claims in respect of faulty or defective design or specification of any Goods as supplied by the Manufacturer of the Goods.

(h) We do not provide any warranty against defects whether express or implied. To the extent that any of these conditions purport to provide a warranty against defects (except as provided in Clause 9(i)) it shall be read down, if it cannot be so read down the provision (or where possible the offending word) shall be severed from this conditions without effecting the validity, legality or enforceability of the remaining provisions (or part of those provisions) of these conditions which shall continue in full force and effect.

(i) If the goods are not manufactured by us any warranty against defects of the manufacturer of those goods is accepted by you and is the warranty against defects given to us in respect of the goods. We agree to assign to you on request made by you the benefit of any warranty or entitlement to the goods that the manufacturer has granted to us under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. 

10. Consumer Guarantees

(a) Our liability for a breach of a guarantee under Div I of Part 3–2 of Schedule 2 of the Competition and Consumer Act 2010 (other than section 51, 52 or 53) for the supply of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited to:

(i) in the case of goods, any one or more of the following:

− the replacement of the goods or the supply of equivalent goods;

− the repair of the goods;

− the payment of the cost of replacing the goods or of acquiring equivalent goods;

− the payment of the cost of having the goods repaired; or

(ii) in the case of services:

− the supplying of the services again; or

− the payment of the cost of having the services supplied again.

(b) Our liability under s 274 of Schedule 2 of the Competition and Consumer Act 2010 for the supply of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption is expressly limited to a liability to pay to the consumer an amount equal to:

(i) the cost of replacing the goods;

(ii) the cost of obtaining equivalent goods; or

(iii) the cost of having the goods repaired, whichever is the lowest amount.

(c) To the extent permissible by law, you indemnify us against any unauthorised express or implied warranty or representation under stature or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials, or workmanship or otherwise made by any agent, employee or representative of you to a third party. For the avoidance of doubt, a warranty or representation will be unauthorised unless the warranty or representation has previously been made by us or authorised by it.

11. Waiver

The failure of either party to insist upon strict performance of any Term or Condition of this Contract shall not be deemed a waiver thereof or of any rights that the respective party may have and shall not, nor shall any express waiver given by either party be deemed to be acquiescence in any subsequent breach of any Term or Condition of this Contract.

A Term or Condition shall only be waivered if stated in writing and signed by the relevant party.

12. Interpretation

In the interpretation of these Terms and Conditions of business the headings are inserted for clarity of reference and do not define, limit or affect the interpretation hereof.

13. Severability

Any Term or Condition hereof which infringes any State or Federal legislation shall be severable from the Contract without affecting the remaining Terms and conditions.

14. Insurance

Any raw materials goods, designs, plans, photographs, standing matter, or other chattels deposited by you with us for performance of the services or any other reason shall be at your risk.

15. Construction Works

Where the Contract relates to the provision of materials plus labour to carry out construction (the “Construction Works”), the following additional terms and conditions shall apply:

(a) You will at your own expense convey the goods and materials from the delivery point to a position within twenty metres of the place where construction is required.

(b) You will ensure the safe custody of and minimise deterioration to the materials and or equipment whilst on site and before use and will protect the same by providing covered and secured waterproof storage accommodation.

(c) You will immediately prior to the date for the commencement of construction works ensure that the site is cleared and free from obstruction and

that electricity services are available for use by us and you will further (unless we otherwise agree in writing) ensure that we are enabled to carry out the works of construction as one uninterrupted operation to be completed during normal working hours. 

(d) The Contract Price is fixed on the basis that the floors upon which the constructional works are to be performed are level and even. Any additional costs or expenses for materials and/or labour required to shim the proposed installation due to an uneven or out of level floor surface in excess of plus or minus 10mm elevation variation over the entire floor area shall be paid by you unless otherwise agreed.

(e) We are not responsible for the strength or structural condition of the floors or foundations upon which the construction works are erected or any part of the existing building or structure and make no representation and give no warranty that such floors or foundations or any part of the existing building or structure are suitable for the construction works thereon and shall not be liable for any damage or injury directly or indirectly attributable to any gradual deterioration or any defects in or any structural movement collapse subsidence or failure of the said floors or foundations or any part of the existing building or structure.

(f) We do not undertake or investigate the conditions including structural conditions of any part of the existing buildings or structure including all walls, floors, ceilings, foundations and roofs. You warrant to us that the existing buildings or structure or any part thereof are free from all defects including any latent defects, any design or structural defects and free from all contamination resulting from any cause. We will not be liable for any loss or damages including any consequential loss which may arise in relation to the Services caused or contributed to by or as a result of a defect in the existing buildings or structure or any part thereof.

(g) On completion of the work any surplus goods delivered by us shall remain the property of and be removed from the site by us. Until such removal you shall take reasonable precautions for the safe custody and protection of such surplus goods.

(h) If for any reason the commencement of the construction works extends beyond two (2) weeks from the stipulated date we shall be entitled to receive from you an interim payment or payments on account of the Contract price and may render an interim invoice or invoices accordingly.

(i) Unless expressly provided for in the contract we will not undertake or be responsible for any builder’s work or other work involving alterations to the structure of any premises at which work is to be undertaken by us.

(j) You will serve all notices and make applications for and obtain all such licences, consents and approvals as are required by any third party including the Landlord (if any) and under any Building Regulations or By-laws or any legislation for the time being in force prior to the carrying out of any construction works herein and you shall be liable and indemnify and keep indemnified us against all actions, proceedings, costs, charges, claims or demands arising directly or indirectly out of or in connection with any breach of this condition.

(k) The Contract is only between you and us. No interference to the performance of this Contract by a third party, e.g. union, will be tolerated by either party.

17. Intellectual Property

(a) The copyright and all other intellectual property in the goods, including labelling and packaging, vested in us shall remain vested in us, and shall only be used by you at our discretion.

(b) Where we have designed, specified, or created product design drawings for you, then the copyright in those designs and drawings shall remain vested in you, and shall only be used by you at our discretion. 

(c) Where you have supplied drawings, you shall indemnify us for the specifications and design of the Goods (including the copyright, design right or other intellectual property in them). Where any designs or specifications have been supplied by you for manufacture by or to the order of the us then you warrant that the use of those designs or specifications for the manufacture, processing, assembly or supply of Goods and Services shall not infringe the rights of any third party.

18. Privacy Act 1988

(a) You agree for us to obtain from a credit reporting body credit eligibility information, credit information, credit reporting information, and/or credit worthiness of you.

(b) You agree that credit eligibility information, credit information, credit reporting information, and/or credit worthiness provided to us may be used and retained by us for the following purposes and for other purposes as shall be agreed between you and us in accordance to our Privacy Policy:

(i) provision of Services and Goods;

(ii) marketing of services and/or Goods by us, its agents or distributors in relation to the Services and Goods;

(iii) analysing, verifying and/or checking the your credit, payment and/or status in relation to provision of Services/Goods;

(iv) processing any payment instructions, direct debit facilities and/or credit facilities requested by you; and

(v) enabling the daily operation of your account and/or collection of amounts outstanding in your account in relation to the Services and Goods.

(c) We may provide information about you to a credit reporting body for the following purposes:

(i) to obtain credit eligibility information, credit information, credit reporting information, and/or credit worthiness of you; and/or

(ii) allow the credit reporting body to create or maintain a credit information file containing information about you.

19. Confidentiality and secrecy obligation.

(a) Each party (Receiving Party) is obliged to observe the utmost confidentiality as regards all technical and commercial information received from the other party (Disclosing Party), whether such information has been received by the Receiving Party either before or after the execution of this agreement.

(b) In relation to such information, even after the execution of this agreement, the Receiving Party is obliged to:

(i) keep it with the utmost diligence and confidentiality and return it to the Disclosing Party when requested to do so;

(ii) refrain from reproducing, copying, transmitting or revealing it to third parties, unless within the limits explicitly authorised in writing by the Disclosing Party;

(iii) refrain from applying for patents;

(iv) refrain from producing or having third parties produce, or providing third parties with, for any reason, directly or indirectly, products using the above technical information;

(v) to impose and guarantee observance of the obligations deriving from this clause on any subject cooperating with the Receiving Party, in any form and in any case, and therefore also, partners, employees, professionals, consultants, sub-suppliers and in any case, whoever may directly or indirectly become privy to the information passed on by the Disclosing Party to the Receiving Party.

(c) Nothing in this clause shall affect the right of a Disclosing Party to apply to a Court for the any of the following:

(i) injunctive relief for the purpose of preventing or limiting a breach of this clause; and

(ii) compensation for any loss and damage suffered as a result of a breach of this clause.

20. General

(a) You represent and warrant to us that all Information and representations that you, or any person acting on your behalf has given in connection with transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.

(b) When a dispute arises between us you agree to comply with our dispute resolution process. To this end, a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute. Each party will then in good faith attempt to resolve the dispute by negotiation. Undisputed amounts are to be paid forthwith.

(c) We will not reasonably be held responsible for act of GOD or by any Act or omission by a third party which we cannot reasonably be held responsible for including but not limited to storm, tempest, cyclone, flood, water damage, earthquake, tsunami, act of war or terrorism, electrical black out or cyber act of whatsoever nature.

(d) We reserve the right to cancel or suspend your Order in the event that:

(iii) it would not in our reasonable opinion be safe and/or lawful to continue; and/or

(iv) you commit a breach of any Term or Condition of this Contract (other than a minor breach that causes no material harm); and/or

(v) where you commit a breach of any Term or Condition of this Contract and the breach is capable of remedy, you fail to remedy the breach within 14 days of a written request from us.

(e) Where an Order is suspended or cancelled by us, you will still be liable to pay for all services rendered and all goods delivered up to and including the date of suspension/cancellation.

Online Terms of Service

OVERVIEW

This website is operated by Meshspan. Throughout the site, the terms “we”, “us” and “our” refer to Meshspan. Meshspan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 Returns Policy. 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.

In no case shall Meshspan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Meshspan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@meshspan.au