Big Enough To Cope, Small Enough To Care
The use of this Website is subject to these Termsand Conditions (inclusive of Our standard Terms and Conditions for the supplyof Goods and Services, Privacy Policy, Refund Policy any other documentsreferred to herein) which constitutes the full agreement between You and Us.
Please read these Terms and Conditions carefullybefore You use the Website.
By using the Website, You indicate that You have,effective upon the date on which You have used the Website, read, accepted andagreed to be bound by these Terms and Conditions.
If You do not agree with these Terms andConditions, You should cease using the Website immediately.
Definitions
“Agreement” means theterms and conditions contained herein, together with any quotation, order,invoice or other document or amendments expressed to be supplemental to thisAgreement.
“We”, “Us”, “Our or “Ourselves””means Extal Building Products Pty Ltd, its successors and assigns or any person acting onbehalf of and with the authority of Extal Building Products Pty Ltd.
“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or servicesthat may be purchased or sold through this Website to be supplied and/orprovided by the Seller to You, as specified on Our Website.
“Website” means a location which is accessibleon the Internet through the World Wide Web and which provides multimediacontent via a graphical User Interface.
“Prohibited Content” means any content on anyadvertising media that:
(a) is,or could reasonably be considered to be, in breach of the Broadcasting ServicesAct 1992; the Fair Trading Acts of the applicable States and Territories ofAustralia and the Competition and Consumer Act 2010 (CCA); or any otherapplicable law or applicable industry code; or
(b) contains, or couldreasonably be considered to contain, any misrepresentations; or is, or couldreasonably be considered to be, misleading or deceptive, likely to mislead ordeceive or otherwise unlawful; or
(c) is, or could reasonably beconsidered to be, in breach of any person’s Intellectual Property Rights(including, but not limited to, the distribution of digital files or any othermaterial in which We do not own the copyright).
"Personal Information" means anyinformation that identifies or can be used to identify You, directly orindirectly. Examples of Personal Information include, but are not limited to,first and last name, date of birth, email address, gender, occupation, or otherdemographic information.
"Confidential Information” meansinformation of a confidential nature whether oral, written or in electronicform including, but not limited to, this Agreement, a party’s IntellectualProperty, operational information, know-how, trade secrets, financial andcommercial affairs, contracts, Seller information and pricing details.
Acceptance
We reserve the right to changeany of the Terms and Conditions displayed on this Website (including ourPrivacy Policy) at any time by notifying You through this Website that We havedone so. By continuing to use this Website it shall be deemed that You agree tobe bound by the amended terms and conditions as notified and posted on theWebsite.
If You intend to transact through this Website(i.e purchase goods and/or services) then You warrant that You are at least 18years of age, that You have the power to enter into this Agreement and Youacknowledge that this Agreement creates binding and valid legal obligationsupon You.
Compliance with Laws
You represent and warrant that Your use of this Website will comply withall applicable laws and regulations (including but not limited to, EU DataPrivacy Laws (including the General Data Protection Regulation “GDPR”)(collectively, “EU Data Privacy Laws”) and the Australian Privacy Policy Act1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) orany other applicable laws.
Privacy Policy
We are committed to protecting Your Privacy in accordance withAustralian Privacy Principles. We also recognise that when You choose toprovide Us information about Yourself that You trust Us to act responsibly andin Your best interests therefore We have the following policies in place toprotect Your personal information.
Storing Your Information
We will take all reasonable steps to ensure that Your information heldby Us is accurate up-to date, complete, applicable, is not misleading and willonly be used for the purposes stated in this document and/or Our PrivacyPolicy. We will maintain security safeguards to protect Your information andwill take all reasonable steps to ensure that Your information is not disclosedto any unauthorised person or entity.
Securing Your Information
When making a transaction through this Website Your information willpass through a secure server using SSL(secure sockets layer) encryption technology. The encryption process ensuresthat Your information can not be read by or altered by outside influences.
Information We Collect
When You request Goods or Services We may collect Personal Informationsupplied by You when You complete an online form in order to facilitate thepurchase of Goods and/or Services. Such information will enable Us to processYour transactions efficiently, analyse our Website services and enable Us toprovide a higher level of customer service (which may include informative orpromotional activities).
We may also collect the following information/tracking data forstatistical purposes and to help Us understand how to make Our Website moreavailable and user friendly for You and to measure the success of anyadvertising activities We may under take:
(a) Your IP address.
(b) The date andtime of Your visits to Our Website.
(c) Your clicksand activity on this Website.
(d) The referringWebsite if any through which You clicked through to this Website.
(e) Technicalinformation on Your browser, device and operating systems.
Information We Release
We will only release information about You as authorised by Yourself,required by law or where required in order for Us to provide Goods or Servicesto Yourself e.g to third party suppliers, or delivery companies. Where suppliedto such third parties the information provided will only be sufficient for thethird party to perform their services and may not be used by them for any otherpurpose.
We will not release Your information for any purpose which You couldreasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or leaseinformation to third parties and Your Personal Information will only bedisclosed to those employees within Our organisation who have a need to know inorder to ensure You are provided with information about Our products andServices or to request Goods and Services through this Website.
Under the Privacy Act legislation You can ask to see any information Wemay hold about You and You also have the right to have any inaccuracies in thesame corrected by Us. We will comply with any such requests to the extentrequired by the Privacy Act legislation within fourteen (14) days of the receiptof Your request. We may ask you to verify your identity in order to help usrespond efficiently to your request.
Other Data Protection Rights
You may have the following data protection rights:
(a) To access,correct, update or request deletion of Personal Information. We will take allreasonable steps to ensure that the data We collect is reliable for itsintended use, accurate, complete and up to date.
(b) In addition, individuals who are residents of theEuropean Economic Area “EEA” can object to processing of their PersonalInformation, ask to restrict processing of their Personal Information orrequest portability of their Personal Information. You can exercise theserights by contacting Us using the contact details provided in the"Questions and Concerns" section below.
(c) Similarly, if Personal Information is collected orprocessed on the basis of consent, the data subject can withdraw their consentat any time. Withdrawing Your consent will not affect the lawfulness of anyprocessing We conducted prior to Your withdrawal, nor will it affect processingof Your Personal Information conducted in reliance on lawful processing groundsother than consent.
(d) The right to complain to a data protectionauthority about the collection and use of Personal Information. For moreinformation, please contact your local data protection authority. Contactdetails for data protection authorities in the EEA are available athttp://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions & Concerns
If You have any questions or comments, or if You have a concern aboutthe way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You mayalso contact Us by postal mail or email at:
For EEA Residents:
For the purposes of EU data protection legislation, the Privacy Officeris the Data Protection Officer (DPO) of Your Personal Information. Our DataProtection Officer can be contacted at eren@extal.com.au
For Non-EEA Residents:
Extal Building Products Pty Ltd
Attention: Privacy Officer
eren@extal.com.au
Postal Address: 30 Peter Brock Drive
Eastern CreekNSW 2766
Cookies
We and Our partners may use various technologies to collect and storeinformation when You use this Website, and this may include using cookies andsimilar tracking technologies, such as pixels and web beacons. These webbeacons track certain behavior such as whether the email sent through theWebsite was delivered and opened and whether links within the email wereclicked. They also allow Us to collect information such as the recipient’s:
These cookies do not read Yourhard drive but may be stored on Your hard drive to enable Our Website torecognise You when You return to the same.
Mailing Lists
If at any time You are on a mailing list of Oursthen You may request to be removed from the same and We will comply with Yourrequest if there is no unsubscribe button provided then please contact Us withYour request using the “Contact Us” section of this Website.
Returns, Damaged or Defective Goods
Our policy in relation to Returns, Damaged or Defective Goods shall beas specified in Our standard Terms and Conditions for the supply of Goods andServices. We shall not accept returns for change of mind or if You make a wrongdecision unless due to our negligence or incorrect information supplied byOurselves.
Copyright and Trademarks
The contents of this Website are at all times the copyright or trademarkproperty of either Ourselves, Our suppliers or linked third parties and You maynot distribute, reproduce, display, publish any trademark or other content ofthis Website for any purpose whatsoever without the prior written approval ofUs, Our suppliers or linked third parties (each as applicable). Furthermore,You agree to indemnify Us against any claims, costs, damages or losses incurredby Us should You fail to comply with this clause.
Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a linkto third party Websites does not constitute Our endorsement of either theadvertiser or third-party provider or any of their Website content or businesspractices. As We do not have any control of the content of any third partyWebsites, access to such Websites is at Your sole risk and We recommend thatYou thoroughly review the terms and conditions of use and the Privacy policiesof any third party Website immediately once You access such a Website.
We shall accept no liability in regards to any dealings, promotions oractivities between Yourself and advertisers or third-party providers.
Specifications and Information
Specifications and information provided on this Website are given ingood faith based on Our knowledge, experience, or information provided to Us bymanufacturers and/or suppliers, or derived from sources believed to be accurateat the time the information is received by Us, therefore it is recommended ifYou have any concerns as to the suitability of Goods or Services providedthrough this Website in respect of the use of the Goods or Services or theirsuitability for a particular use that You contact Us or seek externalprofessional opinion.
You acknowledge and accept that colours of items displayed on theWebsite may not reflect the true and actual colour of such items as this may beaffected by external influences such as the quality of images supplied to Usfor use, or the quality, age or settings on Your monitor. If colour is a majorfactor in Your decision making We recommend You contact Us before purchase.
On-Line Ordering
Display on this Website does not guarantee the availability of anyparticular Good(s) therefore all orders placed through this Website shall besubject to confirmation of acceptance by Us. Orders for Services shall besubject to confirmation of suitable timeframes between You and Ourselves forprovision of the Services.
Continuous Service
Due to the inherent nature of Websites We cannot guarantee uninterruptedor continuous availability of this Website and You accept that the Website mayalso be unavailable from time to time for maintenance or scheduled upgrades.Where able We shall give You advanced warning of the same. We shall accept noliability in relation to Website downtime whether scheduled or otherwise.
Termination of Use
These terms and Your access to Our Website may be terminated by Us (atOur sole discretion) at any time without notice or any requirement to give Youa reason why. In the event of termination under this clause We shall have noliability to You whatsoever (including for any consequential or direct loss Youmay suffer).
Jurisdiction
This Website (excluding any linked third-party sites) is controlled byUs from Our principal business premises in Australia. Our servers are locatedin Australia so Your information may be transferred to, stored, or processed inAustralia. It can be accessed from countries around the world to the extentpermitted by the Website. As each country has laws that may differ fromAustralia, by accessing this Website, You agree that the laws and statutes ofAustralia shall apply to any dealings, actions or claims arising out of, or inrelation to, this Agreement, or Your use of this Website, irrespective of anyconflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to storeor process Personal Information, which may result in storage of data outsideAustralia. It is not practicable for Us to specify in advance which countrywill have jurisdiction over this type of offshore activity. All of Oursubcontractors, however, are required to comply with the Australian Privacy Actin relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us(if any) must be made in the State of NSWin which our principal business premises in Australia is domiciled, and thatany legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through thisWebsite are appropriate, available or suitable for use in countries outside ofAustralia, and accessing any material or content from, or through, this Websitewhich is illegal in Your country of domicile is strictly prohibited.
General
The failure by either contracting party to enforce any provision ofthese terms and conditions shall not be treated as a waiver of that provision,nor shall it affect that party’s right to subsequently enforce that provision.If any provision of these terms and conditions shall be invalid, void, illegalor unenforceable the validity, existence, legality and enforceability of theremaining provisions shall not be affected, prejudiced or impaired.
We shall be under no liability whatsoever to You for any indirect and/orconsequential loss and/or expense (including loss of profit) suffered by Youarising out of a breach by Us of these terms and conditions (alternatively Ourliability shall be limited to damages which under no circumstances shall exceedthe Fee of the Services).
Message Boards: We provide MessageBoards for the use of Our Website users. The Message Boards may not be used topromote Websites or any commercial or business activity. We are not responsiblefor any of the opinions expressed in the Message Boards. By posting a messageto the message board You agree to take full legal responsibility and liabilityfor your comments, including for offensive or defamatory statements.
Feedback: Feedback is providedfor the purpose of facilitating trading by You on Our Website. Feedbackprovided on other parties must not contain offensive, defamatory, retaliatoryor inappropriate language or content. We may remove any feedback that isconsidered to be offensive, defamatory, retaliatory or inappropriate.
You may only give feedbackthat relates to a specific transaction. You must not post feedback on atransaction that does not relate to that specific transaction.
You must not post feedbackabout Yourself or include any contact details or Personal Information in Yourfeedback.
Neitherparty shall be liable for any default due to any act of God, war, terrorism,strike, lock-out, industrial action, fire, flood, storm or other event beyondthe reasonable control of either party.
