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Terms of Use
This sets out the legal basis on which:
* you may access and use the Nanotomic website, and
* purchase goods utilising the Nanotomic website
If you do not agree with these terms, please do not use this website.
This website is intended for, and for use by Australian residents only.
1. GENERAL
1.1 User agrees to be bound by Terms Of Use (a) By using the Nanotomic website (the Website), you agree to be bound by these Terms of Use which constitute the agreement between you and Nanotomic.
1.2 Variation of Terms of Use Nanotomic reserves the right to change, modify, add or remove any part of these Terms of Use and to add to, change or discontinue any material or information contained in, or any other aspect of, the Website at any time and without notice or liability. Please check the Website regularly for changes in these Terms of Use.
1.3 Governing law (a) The laws of Western Australia govern the operation of this Website and the interpretation of these Terms of Use.
(b) You agree to submit to the jurisdiction of the Supreme Court of Western Australia in the event of any claim or dispute arising between you and Nanotomic.
1.4 Validity If any part of these Terms of Use is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part of these Terms of Use.
2. APPROVAL TO LINK TO THIS WEBSITE (a) Nanotomic encourages linking to the Nanotomic home page by any person or organisation similarly involved in e-commerce or involved in the supply of goods to Nanotomic.
(b) Should a person, corporation or other entity seek to link to this Website either directly or from within a frameset, an email request must be completed and submitted to Nanotomic for approval (Link Request).
(c) Nanotomic may in its absolute discretion approve or reject a request to link made in accordance with paragraph (b).
(d) A link from a website to this Website must not be established unless Nanotomic has approved a request under paragraph (c).
3. ACKNOWLEDGMENTS AND WARRANTIES BY YOU
3.1 Acknowledgments by you You acknowledge that:
(a) information contained in or made accessible by this Website:
(i) is provided for reference only and no guarantees are made as to its accuracy, currency or completeness. It is not provided for professional use. Any use of this information is at the user's risk. Nanotomic does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.
(b) Nanotomic's response to a request for information or advice:
(i) is based on, relies on and is limited by the instructions and information provided by you;
(ii) does not constitute a warranty or guarantee for the product or service in question
(c) links to other websites on this Website:
(i) are not under the control of Nanotomic and may contain computer viruses;
(ii) are inserted for convenience and do not constitute Nanotomic’s endorsement of material at those sites, or any associated organisation, product or service; and
(iii) it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;
(d) third party advertisements on this Website:
(i) do not constitute Nanotomic’s endorsement of the information contained in those advertisements, or any associated organisation, product or service; and
(ii) it is your responsibility to make your own investigations, decisions and inquiries about the information in third party advertisements. Nanotomic does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements and does not accept any responsibility or liability for the conduct or content of those advertisements and the offerings made by the third parties.
(e) transmission to or from this Website may be intercepted, used and modified by third parties; and
(f) you are solely responsible for any content submitted by you to this Website and any instructions or information provided by you in a request for information or advice. Nanotomic is not responsible for any incomplete or incorrect information provided by you.
3.2 Warranties by you You warrant to Nanotomic that you will not:
(a) use this Website for a purpose that is unlawful or prohibited by these Terms of Use;
(b) impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on this Website;
(c) collect or store personal data about other users of this Website for any purpose;
(d) submit any content that:
(i) infringes the intellectual property rights of any third party;
(ii) is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
(iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
(iv) contains a survey, contest, or pyramid scheme; or
(v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of this Website or another computer, or
(e) engage in any other conduct that inhibits any other person from using or enjoying this Website.
4. DISCLAIMER AND LIABILITY
4.1 Disclaimer (a) While the information contained in or made accessible by this Website, or in response to a request for information or advice, has been formulated in good faith and with all due care, Nanotomic does NOT warrant:
(i) its accuracy, currency, reliability and correctness;
(ii) that it is free from errors or omission, or that it is definitive;
(iii) that it is free from computer viruses or other defects; or
(iv) its fitness of purpose for any use.
(b) Before relying on the information contained in or made accessible by this Website, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.
4.2 Limitation of liability (a) To the maximum extent permitted by law, the information stored in or made accessible by this Website, or in response to a request for information or advice, is made available to you on the understanding that Nanotomic and its employees and agents are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise.
(b) Although all care is taken to ensure customer information is kept private, Nanotomic will not be held legally responsible for any breach obtained by methods beyond our reasonable control.
(c) Nanotomic does not attempt to exclude any rights or remedies which due to the operation of the Trade Practices Act 1974 or similar State and Territory legislation cannot be excluded. Nanotomic excludes all other conditions and warranties implied by custom, statute or the general law.
4.3 Indemnity by you It is a condition of the use of this Website that you indemnify the authors and operators of this Website against all claims and actions however arising from the use of material, information, advice or links provided in the Website or otherwise provided by Nanotomic, including but not limited to, direct or consequential breaches of copyright, trademark or other intellectual property rights, or contravention of any local, national, or international restrictions on the publication or transmission of content.
5. PRICING AND SHIPPING POLICY(a) All prices displayed on this site are in Australian dollars and are inclusive of GST (Goods and Services Tax) unless otherwise stated.
Our prices are being constantly reviewed, if you find a cheaper advertised price elsewhere, notify us and we will endeavour to provide you with a more competitive price. We have access to thousands of products and offer discounts for bulk purchases. If you require a quote simply contact us stating the make, model, quantity and delivery postcode of the item you require.
(b) Shipping charges are calculated on the basis of the total weight of the goods ordered. Shipping costs may be viewed here.
We do our best to ensure that stock levels on our website are kept updated. If your order is found to be out of stock, however, you will be advised as to when it will be available and if the delay is unacceptable you may cancel your order (at no charge).
Your credit card will not be charged until your order has been shipped and is on its way. Orders are usually shipped within 2 days and should arrive within 2 to 5 working days thereafter. Order status may be tracked by clicking here.
Nanotomic shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, delays in transportation or any other causes beyond our reasonable control. The scheduled delivery date shall be extended by a period equal to the time lost because of any such delay.
6. PRIVACY POLICY
6.1 Collection of personal information Nanotomic is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. This information is used to identify orders, provide our newsletter and to personalise your shopping experience. Certain information is required to be shared with the financial institutions and delivery services required to be engaged for us to provide our service to you.
If you have any questions regarding our privacy policy, please contact us.
You may provide personal information to Nanotomic when you create an account, order a product or submit a request to Nanotomic. The personal information required by each of these actions is as follows:
(a) Account Creation: you are required to provide your name and email address. This information is collected for the purpose of contacting you (when requested) with information or advice and to understand who uses our website in order to improve our service.
Registered users who opt to do so may receive communications from us about products and special deals. Out of respect for the privacy of our users we present the option to not receive advertising communications from us and users may request at any time to stop receiving such communications by sending us an email.
(b) Product Order: you are required to provide your name, address details (including phone number) and email address and permit this information to be verified to ensure your order is genuine. This information is collected for the purpose of ensuring your order is delivered as requested and that there is a means of contacting you should an order related question or problem arise.
(c) Chargebacks: If a purchaser initiates a chargeback relating to a purchase made at this website and that chargeback is successful through the banking system a formal credit card fraud report will be lodged with police in the relevant state. At this time any and all information relating to the purchase will be provided to the police to assist with their investigation. Nanotomic is pro-active in resolving matters of dispute promptly therefore legitimate grounds for chargebacks rarely if ever occur between Nanotomic and it's purchasers.
(d) Link Request: you are required to provide a name and e-mail address. This information is collected for the purpose of advising you whether your application to link to the Nanotomic website has been granted or refused. We can improve our service by knowing the nature of sites that are linked to Nanotomic.
6.2 Use of personal information Personal information collected from you under clause 6.1 will only be used by us for the purposes stated in clause 6.1 and when required by law (eg court order or warrant).
If a customer wishes their information to be deleted from our database they can do so by sending us an email.
6.3 Security Customer service is important to us. We want your online shopping experience to be fast, friendly and most importantly secure.
(a) Nanotomic takes all reasonable steps to ensure personal information we have collected from you is held securely in an electronic database and in hard copy files. These steps include (but are not limited to) the use of security protocols, secure servers, firewalls and database encryption.
(b) Information is transmitted to Nanotomic using the latest 128-bit Secure Sockets Layer (SSL) encryption technology.
6.4 Cookies (a) A cookie is a small data field that some websites write to your hard drive when you visit them. A cookie file can contain information such as a user id. A cookie file can only contain the personal information you supply yourself.
(b) Nanotomic uses cookies to enable the functionality of our website.
6.5 Links on the Nanotomic Website The Nanotomic website contains links to other websites. You are responsible for information that you provide to these sites. We recommend that you review the privacy policy of any site that requests personal information. This policy does not cover the privacy practices of these linked sites.
6.6 Clickstream data (a) Clickstreams are the paths you take when navigating a website and the internet in general. When you visit our Website, our servers record the following information for statistical purposes:
(i) your server (IP) address and machine name;
(ii) the date and time of visit to this Website and time spent on particular pages;
(iii) pages accessed and documents downloaded;
(iv) the number of bytes transmitted and received for each request;
(v) the previous site or page visited;
(vi) the search engine and keywords used;
(vii) any linked referral; and
(viii) the type of browser used and its operating system.
(b) Nanotomic examines this information to determine the traffic through the server as well as access levels to specific pages. In order to deliver better services, we also perform statistical analysis to establish priorities and allocate resources.
(c) No attempt will be made to identify you or your browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs.
(d) The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by Nanotomic.
(e) Access to and use of this information is restricted to the management and staff of Nanotomic, who are subject to an agreement to adhere to this privacy policy.
(f) Nanotomic will not disclose or publish information that identifies individual machines, or potentially identify sub-groupings of addresses without your consent.
(g) Nanotomic reserves the right to gather more extensive information than indicated above regarding any attempted access to this Website which raises security issues, or in circumstances where Nanotomic has reason to believe a breach of the law is being or has been committed, and where necessary to make disclosures to the relevant authorities.
6.7 Privacy acknowledgment by you You acknowledge that Nanotomic may use information provided by you or through your use of this Website in accordance with this clause 6 (Privacy Policy).
7. RETURN POLICY (a) Returning a Product for Service or Replacement
- An RA (Return Authorization) number must be obtained from us before any goods are returned Click here
- The RA number must be clearly written on the shipping label and a copy of the original invoice must be supplied when ever possible. To view your past orders and print invoices please Click here
- All costs incurred in returning the product to us for repair, replacement or credit are your responsibility.
- Warranty on all equipment will be the manufacturers warranty and at the manufacturers discretion.
- It is your responsibility to ensure that all products are suitably packaged in order to prevent damage during return shipping. You must not write on or attach labels to the product being returned.
- We accept no responsibility for goods lost in transit. It is your responsibility to insure them.
- We will not accept goods sent to us as receiver pays or without a clearly marked RA number.
- If an RA number cannot be identified, Nanotomic will be unable to accept delivery of the returned goods.
- An RA number does not guarantee credit, repair or replacement. It is simply an authorization to return goods to us.
(b) Returning a Product for Credit
- An RA (Return Authorization) number must be obtained from us before any goods are returned Click here
- Products are non-refundable once opened.
- Please check the specifications and compatibility of the goods being ordered to ensure they are what you require as we do not supply goods on a trial basis.
- We are happy to advise on the compatibility or suitability of the equipment being purchased. We cannot, however, guarantee that it will work in your system and we take no responsibility that it will meet your requirements.
- We do not refund or credit for incorrect choice.
- Items that are being returned for credit MUST be unopened in their original undamaged/unmarked packaging and will incur a restocking fee of a minimum of 10% of the cost of the items. No credit is available for any shipping paid.
- No goods will be accepted for refund or credit after 7 days from the date of invoice.
(c) General Conditions
- RA's are valid for 7 days only, any item sent after the seven days will not be accepted by us.
- We reserve the right to refuse any returns that:
- are incomplete or missing parts; or
- are not returned in their original packaging,
- show signs of physical damage to the product or its packaging.
- do not include a valid Return Authorisation Number on the shipping label.
- have an expired Return Authorisation Number.
- If you receive a product that appears to have been "Damaged in Transit" - that is, damaged in transit from us to you - you should:
- refuse to accept delivery of the product,
- direct the courier to "Return goods to sender" and
- notify us immediately
- Certain products (such as licensed software) are sold on a "no return" basis. The "no return" basis means that, unless the product is dead on arrival, damaged in transit, incorrectly shipped or otherwise returnable under a manufacturer's warranty or by law, the product will not be accepted for return.
- Events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return for warranty repair or replacement.
8. COPYRIGHT (a) This Website is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved by Nanotomic.
(b) This Website is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise.
(c) Information on this Website may not be reproduced in whole or in part for general publication or commercial purposes without the permission of Nanotomic.
(d) This Website may contain trademarks, patents, technologies, products, processes or other intellectual property rights of Nanotomic and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of Nanotomic and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this Website, without the express written consent of Nanotomic or unless expressly authorised by law, is prohibited. |
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Terms of Use
