Terms and Conditions Perth WA
1. Introduction
1.1. The terms of use of the Perth WA website include these Terms and Conditions and the Privacy Policy.
1.2. Please read this document carefully before accessing or using the Perth WA website.
1.3. By accessing or using this website, you are agreeing to be bound by the Terms and Conditions of Use. If you do not wish to be bound by the Terms and Conditions of Use, you may discontinue use of this website.
1.4. By using the Site (even if you’re just visiting), you’re telling us you’ve read and agree to the Terms and Conditions. When you choose to register on our website, you must click “I agree” to complete your registration.
2. General Disclaimer
2.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Perth WA” or “perthwa.com.au” means Perth WA is Constructive Visual Pty Ltd trading as Micropage (ABN 79 642 010 964), its subsidiaries and associates (unless otherwise stated).
2.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
2.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
2.4. While the information contained in the Website is believed to be accurate and current, it is provided by Perth WA in good faith on an “as is” basis. Perth WA, owners, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
2.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
2.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
3. Acceptance
3.1. Perth WA website and online business directory (collectively, our “Website”) is owned and operated by Perth WA (Constructive Visual Pty Ltd trading as Micropage).
3.2. Access and use of the Perth WA website is conditional upon your acceptance and compliance with the terms and conditions, notices and disclaimers set out herein (our “T&Cs”).
You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”).
Your use of the Perth WA website constitutes your agreement to the T&Cs.
3.3. Perth WA reserves the right to amend the T&Cs at any time and without notice to you. Perth WA may change the T&Cs from time to time, and your continued use of the Perth WA Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website’s footer at perthwa.com.au
3.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia.
You agree to submit to the non-exclusive jurisdiction of the courts of the state of Western Australia, Australia.
4. Orders, Pricing & Availability
4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable.
4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular subscription plan for the price (including any fees and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3. Perth WA reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.4. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasions where pricing differs between the two.
4.5. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
4.6. We reserve the right to withdraw or suspend any products or services displayed on the perthwa.com.au website either temporarily or permanently at any time without notice to you.
4.7 We may suspend, terminate or limit Your access to all or part of the Services at any time if You breach the Terms of Use.
5. Price & Payment
5.1. Prices are displayed in Australian Dollars (AUD).
5.2. All item on the perthwa.com.au are subjected to GST (currently 10%).
5.3. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.4. We accept payment via Stripe (Bank Transfer, Visa, Mastercard).
5.5. Once the order is placed, you agree to pay us;
* The price (Which is the total of all items placed in your shopping cart in Australian Dollars)
5.6. You acknowledge and agree that any payment in respect of an Order must be cleared by Perth WA before your order is dispatched.
5.7. If your payment cannot be processed, your Order will be rejected in accordance to these T&C’s and you will not be notified of this.
5.8. You will receive notification by email once payment in respect of your Order has been processed.
5.9. Perth WA uses an encrypted payment gateway and security certificate (SSL Certificate) to secure online payment made on the perthwa.com.au website. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
6. Refunds & Returns
All refund rights under both State and Commonwealth law apply.
Our items come with guarantees that cannot be excluded under the Australian Consumer Law (https://consumerlaw.gov.au/). 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 failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon code.
Please read the following carefully to ensure you are fully aware of your rights under the policy and our obligations to you.
Please be aware you are purchasing a digital service from Perth WA.
7. Website Use
7.1. You are prohibited from engaging in any activity that is illegal, infringes on the rights of others, or is harmful to our website, its services, or its reputation. This includes, but is not limited to:
- Posting or transmitting any material that is fraudulent, defamatory, misleading, or offensive.
- Infringing on intellectual property rights, privacy rights, or any other rights of third parties.
- Engaging in any activity that promotes criminal behavior or contributes to the violation of any applicable laws or regulations.
7.2. You are responsible for ensuring that any content you post does not violate any laws or third-party rights. This includes ensuring that the content is not plagiarized and does not include copyrighted material unless you have permission to use it. We reserve the right to remove any content at our discretion and take necessary action if your content violates any terms.
7.3. You must not transmit any unsolicited promotional materials or advertisements without our express written consent. If granted permission, you must comply with all applicable laws and our specific guidelines for such promotions.
7.4. We may modify or remove any content you provide at our discretion, particularly if it is deemed inappropriate, violates our terms, or could potentially harm our reputation or legal standing.
7.5. You agree to use our website and services in compliance with all applicable laws, standards, and regulations. You will refrain from any actions that could harm our website’s functionality or security.
7.6. Our website and its services are provided on an “as is” and “as available” basis without warranties of any kind. We are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of our website or services.
7.7. If you believe that any content on our website infringes upon your rights, please contact us to initiate a review. Provide clear details of your claim and how the content infringes your rights.
7.8 You must not do anything which breaches or interferes with Our intellectual property rights.
8. Registration
8.1 We may require You to register with Us in order to access some parts of the Services.
8.2 You are solely responsible for the use of Your user account, and must ensure that You keep all passwords secure. You will be responsible for any access to the Services using Your registration details, even if that access is by another person.
9. Online Account
9.1. Perth WA offers the ability for you to create an Online Perth WA Account.
9.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Perth WA is entitled to assume that anybody accessing your account using your confidential username and password is you.
9.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with Perth WA. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
9.4. You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately contact Perth WA to change your secure password.
9.5. You are responsible for maintaining the confidentiality of the username and password that you designate during the Order process, and you are fully responsible for all activities that occur under your username and password.
You agree to:
(a) immediately notify Perth WA of any unauthorised use of your username or password or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
9.6 Perth WA will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your perthwa.com.au account.
10. Limitation of Liability
10.1. Perth WA will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Perth WA has been advised of the possibility of such damages.
10.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Perth WA for any breach of such term, condition or warranty shall be limited, at the option of Perth WA to any one or more of the following:
If the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired;
If the breach relates to services:
the supplying of the services again; or
The payment of the cost of having the services supplied again.
11. Privacy
11.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.
11.2. You represent and warrant to Perth WA that all information (including your personal information) and data provided by you to us through the perthwa.com.au Website is true, accurate, complete and up to date.
11.3. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.
12. Copyright
12.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property Perth WA, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
12.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Perth WA.
Responsibility for Content: You are solely responsible for the content you submit to our website. Ensure that you have the right to use and share all materials included in your submissions, adhering to all applicable copyright laws.
12.3 Procedure for Infringement Claims:
Notification: In the event of an alleged copyright infringement, we will notify the alleged infringer using the contact details provided to us. This notification will include a description of the copyrighted material that has been infringed and the nature of the infringement.
Accountability: If you are found responsible for infringing materials, we may disclose your details to the copyright owner, facilitating legal action. You may be subject to fines, legal penalties, or both, based on the severity and nature of the infringement.
Legal Action: The copyright holder may initiate court proceedings against you to seek damages or other remedies as provided by law.
Preventive Measures: We reserve the right to take appropriate actions, including but not limited to removing the infringing content, temporarily or permanently banning your account, and implementing technical measures to prevent further infringements.
12.4 Resolution and Dispute Handling:
We encourage parties involved in a copyright dispute to seek a resolution through direct communication. However, if the issue escalates, legal proceedings may be necessary to resolve the dispute definitively.
By using our website, you agree to comply with these terms and to ensure that your submissions do not infringe on the intellectual property rights of others. Regular updates and compliance checks are advised to avoid any legal infringements.
13. Third Party Content, User Content and Your Content
13.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Perth WA (Micropage/Constructive Visual Pty Ltd) has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
13.2. Perth WA does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
13.3. At times you may be asked to provide your own User content (personal information) for your account to process an order on the perthwa.com.au website.
13.4. You own any User Content that you Publish on Perth WA Website (“Your Content”). Other users own any User Content they publish to Perth WA Website. Perth WA reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
13.5. Your content must not include:
Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
13.6. You can request removal of your account or any User content at any time by using our contact form from our contact page. Please ensure in the message at the beginning to add the following line: “Perth WA Removal of User Content“.
14. Viruses, Spyware and Malware
14.1. Perth WA does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
14.2. Perth WA (Micropage/Constructive Visual Pty Ltd) will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Perth WA it shall be limited to the cost of re-supplying that information.
15. Browser Cookies
15.1. Cookies are small pieces of information that your browser stores on your computer’s hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer.
15.2. Our cookies do not contain any personally identifiable information.
15.3. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.
16. Coupon Codes
16.1. From time to time, Perth WA may hold promotions such as special offers and discounts in-store or online at our Website.
Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
16.2. We accept Coupon Codes as payment, or partial-payment, for certain or specified purchases online.
It is your responsibility to read the specific details about your Coupon Code as provided with your Coupon Code.
These additional terms may outline what your Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
16.3. We reserve the right to deny use of the Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Perth WA through the use of a Coupon Code.
17. Electronic Communications
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If your business is located in WA and you reside in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
18. Indemnity
You agree to indemnify us (including our owners, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
19. Disclaimer
19.1. The information contained on the perthwa.com.au website is provided in good faith. To the best of our knowledge, the information is accurate and current and it’s contents are provided to you on “as is” basis.
19.2. The perthwa.com.au website may contain errors, faults and inaccuracies and my not be complete and current and as such Perth WA (including our owners, officers, employees, agents and contractors) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
19.3. Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Perth WA excludes, all implied terms and warranties whether statutory or otherwise, relating to the perthwa.com.au website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
20. General
20.1. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Western Australia.
20.2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Western Australia Registry – https://www.fedcourt.gov.au/contact/wa) and waive any right to object to any proceedings being brought in those courts.
20.3. Only you and Perth WA shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
20.4. Perth WA reserves the right at all times to make changes to these Terms and Conditions without notice to you. Any variations to these Terms and Conditions will take effect from posting on the perth.com.au website. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the perthwa.com.au website. Your continued use of the perthwa.com.au website will constitute acceptance of the amended Terms and Conditions.
Please Note: We strongly suggest reviewing this page from time to time as we may revise this page without notice.