- These terms and conditions (Website Terms) apply to the use of this website www.supertechperformance.com.au (Website) including the purchase of goods and services on this Website.
- In these Website Terms:
- “we”, “us” and “our” means Leam Trading Pty Ltd ABN 56 925 295 919; and
- “you” and “your” means the user of the Website.
- Your use of the Website is governed by the Website Terms, Trading Terms (link here), Privacy and Credit Information Policy (link here) and Warranty (link here).
- By continuing to use the Website, you acknowledge that you have read and understood the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty and agree to comply with and be bound by them. If you do not agree with the Website Terms, Trading Terms, Privacy and Credit Information Policy or Warranty, you must cease using the Website immediately.
- We reserve the right to vary the Website Terms from time to time. Variations will be effective immediately upon posting on the Website. Your continued use of the Website will be regarded as your acceptance of these Website Terms as varied.
Licence to use Website
- We grant you a non-exclusive, non-transferable licence to use the Website in accordance with the Website Terms.
- You may access and use the Website in the normal manner (i.e. view, download or print pages from the Website) for your own personal and non-commercial use subject to the restrictions set out in the Website Terms.
- You must not:
- Use the Website or its content for any purpose that is unlawful, prohibited, or that violates any of our rights (e.g. intellectual property rights);
- Reproduce, republish, duplicate, copy, sell, resell, adapt, perform in public, transmit or otherwise exploit any part of the Website or its content for any commercial purpose;
- Edit or otherwise modify any content on the Website;
- Add content to the Website:
- unless you hold all the necessary rights, licences and consents to do so;
- that is or would reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, discriminatory, in breach of confidence or in breach of privacy;
iii. that is incorrect or misleading;
- that contains a virus;
- that would bring us, or the Website, into disrepute; or
- infringes the intellectual property or other rights of any other person.
- Redistribute content from the Website;
- Cause damage to the Website; or
- Use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- This Website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience and information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- You acknowledge and agree that we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time at our sole discretion. Further, this Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Intellectual property rights
- The Website and all of its content (including text, graphics, logos, software etc.) is owned by or licenced to us.
- Your use of the Website will not confer on you any intellectual property rights in the content contained on the Website. Further, nothing in the Website Terms constitutes a transfer of any intellectual property rights from us to you. You acknowledge and agree that we own all intellectual property rights in relation to the Website.
- By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You warrant that you have all the necessary rights to grant the licence. Such licence will survive any termination of the Website Terms.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. You warrant that you have all the necessary rights to consent.
Purchasing Goods and Services
- The order and purchase of any goods and services on the Website is subject to the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty. By continuing to use the Website to purchase goods and services, you acknowledge and accept that you have read and understood the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty and agree to be bound by the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty.
- To purchase goods or services from us, you must establish an account with us. We may refuse an application for an account, terminate the account or remove or edit the account details at our sole discretion. An account, if accepted, is non-transferrable.
- When purchasing goods or services on the Website, you agree to the payment of the purchase price listed on the Website for the goods or services plus any applicable GST (Purchase Price).
- Payment via the Website of the Purchase Price may be made through Paypal.
- Once payment of the Purchase Price has been confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use in accordance with our Privacy and Credit Information Policy.
- All prices displayed on the Website are in AUD and subject to change without notice. All goods and services described on the Website are subject to availability.
- We reserve our right to cancel orders if we suspect fraud or for any other legitimate reason.
- Terms and conditions relevant to delivery are set out in the Trading Terms.
- Any return must be made in accordance with the Trading Terms and Warranty. You acknowledge that you are liable for any transport costs associated with any return.
- As mentioned, you acknowledge and agree to be bound by the Trading Terms and Warranty.
- To the extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Website Terms, Trading Terms or Warranty.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Limitation of Liability
- We do not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and content found or offered on this Website for any particular purpose. You acknowledge and agree that such information and content may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- To the extent permitted by law, we exclude all liability to you for any losses (including loss of data), interruption of business, any consequential or incidental damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Website or its content whether in contract, tort including negligence, statute or otherwise.
- These Website Terms terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Website Terms and your access to the Website at any time without notice. All restrictions, licences granted by you and all disclaimers and limitation of liability by us will survive termination.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under the Website Terms.
- If a provision of these Website Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each part must at its own expense do everything reasonably necessary to give full effect to the Website Terms and the events contemplated by it.
- The Website Terms are governed by the law of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
Attn: The Business Manager
Business Name: Leam Trading Pty Ltd
Address: 4 Frazer Street, Lakemba NSW 2195
Phone: (02) 9758 1966
PRIVACY AND CREDIT INFORMATION POLICY
Leam Trading Pty Ltd ABN 56 925 295 919 and its related bodies corporate (we, our or us) are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Act), the Australian Privacy Principals (APP) and the Privacy (Credit Reporting) Code 2014 (CR Code).
This policy details how we collect, disclose and handle your personal and credit information. By providing us with personal and credit information, you agree to the terms of this policy.
Personal information is defined under the Act as information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not.
For the purpose of this policy, personal information may include, but is not limited to the following:
- name, address and contact details;
- previous addresses;
- business information;
- current and last known employer;
- information in identification documents (e.g. driver’s licence);
- date of birth and gender;
- bank account details;
- financial information;
- feedback and responses to surveys and/or promotions;
- changes to content or preferences; and
- information provided on our website or during communication with us.
We may collect, hold, use and disclose credit information and credit eligibility information about you in order to offer you with credit in connection with the sale of goods and services. You consent to such collection, holding, use and disclosure of your credit information in accordance with the terms of this policy.
If you apply for commercial credit or provide a guarantee for commercial credit, the kinds of credit information and credit eligibility information that we may collect and hold include information used to identify you, your creditworthiness and any other related information necessary or incidental to the goods and services we provide or propose to provide to you. This may include:
- identification information;
- consumer credit liability information;
- repayment history information;
- a statement that an information request has been made;
- the type of consumer credit or commercial credit and the amount sought;
- default information;
- payment information;
- new arrangement information;
- court proceedings information;
- personal insolvency information;
- publicly available information in relation to your creditworthiness; or
- serious credit infringement information.
The above information will be referred to as credit information in this policy.
Collecting, holding and using information
Personal and credit information may be collected from you directly whenever it is reasonable and practical to do so. There are a number of ways that we may collect personal and credit information, including:
- by email or telephone;
- in person;
- in writing;
- when you visit our website;
- when you submit an application, quote, purchase order or request; or
- in the course of supplying goods or services to you.
We may collect personal and credit information directly from you, a third party or credit reporting bodies (CRB). If you provide us with personal or credit information about another person, you must only do so with their consent and warrant that the other person is aware of this policy.
We collect, hold and use personal information so that we can:
- identify you and conduct necessary checks;
- assess applications;
- sell and deliver our goods or services to you;
- issue, manage and administer goods or services provided to you;
- improve our goods or services;
- send marketing material to you;
- deal with complaints;
- keep a customer record; and
- comply with our legal obligations.
We collect, hold and use credit information so that we can:
- assess your creditworthiness;
- assess applications for credit or whether to accept you as a guarantor;
- assist you to avoid defaulting on your credit obligations;
- notify other credit providers or a credit reporting body of a default by you;
- comply with regulatory or legal requirements;
- enable a third party such as an insurer to assess the risk of providing insurance;
- assess whether to register a security interest; or
- assess whether to vary a credit we provide to you.
If you do not provide us with your personal or credit information we may not be able to provide you with credit or our goods or services. It may also affect your use of the website.
We may disclose your personal and credit information to our employees, officers, related bodies corporate and third parties as far as reasonably necessary for the purposes set out above. The third parties to whom we may disclose your personal and credit information include:
- the manufacturers, suppliers, and contractors used by us;
- insurers, assessors, and underwriters;
- professional advisors and consultants (such as lawyers, accountants, and auditors);
- debt collectors;
- potential business purchasers under confidentiality agreement;
- your guarantors and security providers;
- credit reporting bodies, credit providers and other information providers;
- government and regulatory authorities (as required by law);
- website hosts;
- organisations that assist us in research and development; and
- third party service providers to whom we outsources some of our functions.
We may also disclose your personal or credit information to a third party where authorised by you or permitted/required to do so by law.
When you visit our website we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
We may also use ‘cookies’. A cookie is a small file our website places on your computer so that it can remember your preferences and improves your experience of our website. You can block placement of cookies in your browser settings. You can also clear cookies from your browser. If you do this, some parts of our website might not work as well.
When you browse our website, our server collects and holds your server address, the pages you access and how long you stayed on a page, the date and time you visited, the previous site you visited, your geographical location when you visited the site, the type of browser and operating system you used and the type of device you used to access the website and its brand.
Disclosure to overseas recipients
We may disclose personal information to third party suppliers and service providers located overseas for some of the purposes listed above. We will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia such as data hosting providers, IT administrators, cloud based information technology service providers and other information technology service providers.
Keeping your information secure
We are committed to ensuring that your personal and credit information is secure – both in electronic and hard copy forms.
Most of your personal and credit information is securely and safely stored in our electronic database. Hard copies are kept securely. Our employees are required to comply with confidentiality obligations and this policy.
Where we disclose personal and credit information to third parties as mentioned above, we will request that the third party comply with this policy.
Finally, we take reasonable steps to destroy or permanently de-identify personal and credit information in a secure manner when it is no longer required.
Changes to this policy
Please be aware that we may amend, vary, modify this policy at any time in our sole discretion and all changes will be effective immediately upon our posting an updated version on our website.
How we deal with requests and complaints
You can access and correct personal and credit information we hold about you in certain circumstances. You can also contact us if you have any questions about how we handle your personal and credit information, or if you wish to make a complaint.
To protect your privacy and the privacy of others, you will need to provide evidence of your identity before we grant you access to information.
You can contact us by email or write to us at the postal address below. We undertake to get back to you within 30 days.
Attn: The Privacy Officer
Business Name: Leam Trading Pty Ltd
Address: 4 Frazer Street, Lakemba NSW 2195
Phone: (02) 9758 1966
More information about the Act, APP and CR Code is available from the Office of the Australian Information Commissioner at http://www.oaic.gov.au.
This policy can be downloaded here.