1. User Agreement
All Somerville Metalworks policies are applicable and therefore must be adhered too. It is imperative all users read and familiarise themselves with the following information. Continuing on past this section to becoming a user means that the user has understood and agreed to comply and behave in accordance with all policies, terms and conditions, legal disclaimer, privacy notice and all other relevant information provided below and throughout the website the user has entered into.
In order to access any of the Somerville Metalworks websites you will need to agree to comply with the below information.
2. Terms and Conditions
The entity you are contracting into is with Somerville Metalworks.
The Somerville Metalworks Terms and Conditions sets out the conditions in which Somerville Metalworks governs how you access and use our site, applications and tools (referred to collectively in the body of this document as ‘services’). The use of the Somerville Metalworks site and or services constitutes acceptance of the Somerville Metalworks Terms and Conditions and therefore must be complied with as with all Somerville Metalworks policies when accessing or using our Somerville Metalworks services.
By using the Somerville Metalworks site and also using or accessing the Somerville Metalworks services you must adhere to the following:
- Users will not breach any law(s), third-party rights and Somerville Metalworks policies
- Users must be able to form legally binding contracts i.e. users must be over 18 years of age
- Users must be able to pay for items purchased unless the user has a valid case as set out in the Somerville Metalworks Payment of Item Policy
- Users must not post or dispense spam, unsolicited or electronic communications, viruses or any other technologies that may potentially cause harm to Somerville Metalworks, or the interest or property of users
- Users must not use any robot, spider or any other automated means to access our Services for any purpose including bypassing our robot exclusion headers
- Users must not interfere with the operation of our services, export or re-export any Somerville Metalworks application or tools
- Users must not reproduce, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Somerville Metalworks , or that comes from the services and belongs to Somerville Metalworks users or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior permission of Somerville Metalworks
- Users must not commercialise any Somerville Metalworks application(s) and or any associated software
- Users must not collect information about other users without their consent, or circumvent any technical measures we use to provide the Somerville Metalworks services
3. Notice for Claims of Intellectual Property Violations and Copyright Infringement:
We, the Somerville Metalworks team respond to notices of alleged copyright infringement under the Australian Laws; Copyright ACT 1968.
If you believe that your intellectual property rights have been infringed, please notify Somerville Metalworks via our email address firstname.lastname@example.org and we will investigate this.
4. Somerville Metalworks Disclaimer Notice:
4.1. Warranties and Liability:
While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and makes no representations or warranties in relation to the correctness of the information found on the Somerville Metalworks site. Even though the content of the Somerville Metalworks site is provided in good faith, we do not guarantee that the information will be kept up to date, be true and not misinforming, or that the Somerville Metalworks site will always be available for use.
We do not guarantee that the servers for the Somerville Metalworks website will be without error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.
Know content on the Somerville Metalworks website should be taken to constitute professional advice and we exclude all representations and warranties relating to the content and use of the Somerville Metalworks site.
There will be no event or situation where Somerville Metalworks will be liable for any incidental, indirect, consequential damage of any kind. This includes those resulting from loss of profit, loss of contracts, data, goodwill, content, income, business relationships, whether or not advised of the possibility of such damage, arising out of or linked with the use of the Somerville Metalworks website or any associated websites.
No information in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything which it would not be lawful for Somerville Metalworks.
5. License To Use This Website:
By using the Somerville Metalworks website you the user agree to the exclusions and limitations of liability stated and accept them as reasonable. Do not use this website if you do not agree that they are reasonable. If any of the information in this disclaimer notice is found to be unenforceable under applicable law this will have no bearing on the enforcebility of the disclaimer notice.
Furthermore, all content and material on the Somerville Metalworks website including text and images is protected by copyright law and is copyright to Somerville Metalworks unless credited otherwise. All content on the Somerville Metalworks website cannot be copied, reproduced, republished, downloaded, posted and or broadcasted accept for users non-commercial usage. Prior written consent of Somerville Metalworks, that is the copyright holder must be obtained for any other use of the material in this website. Copyright of all images on this site remains with the Somerville Metalworks or copyright owner at all times. No part of this site may be distributed or copied for any commercial purpose or financial gain. All intellectual property rights in relation to this website are reserved and owned by Somerville Metalworks.
Also, to the extent permissible by applicable law Somerville Metalworks (this includes our parent, affiliates, subsidiaries, and our and their directors, agents and employees) are not liable, and you the user agree not to hold any party mentioned above responsible for damage or losses including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages resulting directly or indirectly from:
- Your use of or your inability to use our services(s)
- Format, shipping, pricing or other guidance provided by Somerville Metalworks
- Delays or pauses of our services
- Malicious software or any type of virus acquired or linked to our services from access
- Malfunctions, bugs, errors, or inaccuracies of any kind in our services
- Any type of damage to your hardware device from the use of any Somerville Metalworks services
- A disruption (for example a suspension) or any other action taken with respect to your account and or breach of the Somerville Metalworks policies and terms and conditions
- Loss of or inability to do business, as a result of changes to the Somerville Metalworks Terms and Conditions and policies
5.1. Release Warranties and Liability:
If you have a dispute with other another user(s), you release Somerville Metalworks (and our affiliates and subsidiaries, and our and their directors, employees and agents) from claims and damages (actual and consequential) of every kind, known and unknown as a result of or in any way connected with such disputes. In entering into this release you expressly waive any protections and defences (whether statutory or otherwise) that would otherwise limit this release to include only those claims which you may know or believe to exist in your favour at the time of agreeing to this release.
5.2. Indemnity Warranties and Liability:
You the user will indemnify and hold us, Somerville Metalworks (and our affiliates and subsidiaries, and our and their directors, employees, agents) harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of the terms and conditions and policies, your improper use of Somerville Metalworks services and or your breach of any law or the rights of a third party.
5.3. Warranties and Liability:
Somerville Metalworks is committed to providing you with the best possible user service experience. Somerville Metalworks is bound by the Privacy Act 1988 and the Australian Privacy Principles. These guidelines sets out a number of principles concerning the privacy of users.
Please see the Australian Privacy Principles in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 for more information.
5.4. Collection of Your Personal Information:
There may be aspects of the Somerville Metalworks site where in order to have access to user support features you are required to submit personal and identifiable information. This may include but not limited to a unique username and password and or provide sensitive information in the recovery of your lost password.
5.5. Sharing Your Personal Information:
Somerville Metalworks may employ other companies to provide services behalf the Somerville Metalworks. This may include but is not limited to handling user enquiries, processing transactions or customer issues relating to shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Somerville Metalworks takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
5.6. Use of Personal Information:
For every user of the Somerville Metalworks site we at Somerville Metalworks collect the following non-personally identifiable information, including but not limited to browser type, version and language, functioning system, pages viewed during browsing the site and page access times. This collected information is used internally for the purpose of, for example assessing visitor traffic, gauging trends and transmitting content to users.
From time to time, we may use user information for new, unanticipated uses not previously disclosed in our privacy notice. If our practices change in the future we will use user information for these new purposes only and data collected from the time of the policy change forward will adhere to our updated practices.
5.8. Accessing Your Personal Information:
You have a right to access your personal information, subject to exceptions permissible by law. If you would like to access your information you are required to put your request in writing via email. Somerville Metalworks reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Somerville Metalworks may release your personal information to other members of the Somerville Metalworks team and or to third parties. This disclosure of information may be required for us to provide you access to our Somerville Metalworks services, to comply with our legal obligations, to enforce our terms and conditions, for marketing and advertising purposes and also to prevent, investigate and mitigate fraudulent or illegal activities related to our services. We minimise the amount of personal information we disclose to what is directly relevant and necessary.
Please note: we do disclose your personal information to third parties for their marketing and advertising purposes without your consent.
6. Fees and Charges:
We may change our seller fees and or charges from time to time by posting the changes on the
Somerville Metalworks site. Can be due to supplier increases at any stage of time or without notice.
All payments are to be made through one of our trusted payment partners: PayPal, Stripe and Afterpay. By purchasing from our site, the buyer agrees to the terms and conditions outlined in the relevant financial companies own terms and conditions.
We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and information access controls. If you believe your account has been abused please contact us.
8. Delivery and Handling
- Deliveries will be forwarded at the Supplier’s sole discretion, by the most appropriate form of transport with the Customer being responsible for any transportation, freight, packaging, handling, and insurance charges, together with any Goods and Services Tax (GST), where applicable.
- The Supplier will make every effort to ensure the Goods will be dispatched within two business days. Consignment details are retained for tracking purposes.
- The Supplier will not be responsible for any non-delivery or delay in delivery of the goods as a result of events occurring beyond its control. The Supplier shall not be in any way responsible for any consequences (direct or indirect) arising from any such delay or non-delivery. All goods are forwarded at the Customer’s risk.
- The Customer is solely responsible for acceptance of orders and shall not raise any claims for loss or damage to orders where they are by arrangement delivered to and left at unattended sites.
- All orders shall be satisfied as soon as reasonably possible by the Supplier in the ordinary course of its business. Where a delivery date is specified in the Customer’s order, the Supplier will use its best endeavours to affect delivery by the date specified. Delivery times may be affected by stock availability and the Supplier will not be responsible for any delays occurring due to changes in supply or circumstances beyond their control. If a product is not available, the Customer will be notified of the expected delivery date, and the Customer will accept delivery when made even if a later delivery date is specified in the Customer’s order.
- Please note that if the incorrect product is purchased then we will charge a $10 restocking fee. This fee will be debited from your refund if the product is to be returned or a $10 fee will be added if you wish to exchange the item for another. Please contact us PRIOR to purchase if you have any questions about products.
10. Contacting us:
If you still cannot find the answers you are looking for we are here and ready to help. You can get in touch with us via email at: email@example.com
We value your feedback and if there’s something we can do to improve your experience please reach out and email us: firstname.lastname@example.org
We will respond to your email as promptly as possible.