Terms of Service

OVERVIEW

This website is operated by Symphony Services Australia Limited. Throughout the site, the terms “we”, “us” and “our” refer to Symphony Services International. Symphony Services International offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or supply of Products.

SECTION 5 – ORDERS

You may make an order to us for the supply of Products, which we may accept (“Order”).

Any Order you place with us is irrevocable unless otherwise agreed to by us in writing on a case-by-case basis or cancelled by us in our absolute discretion. We may withdraw from the supply of Goods ordered or unilaterally cancel any Order at any time up to delivery without any liability to the Customer (other than to refund any amount paid by You in respect of that Order).

Orders once received cannot be deferred or suspended unless otherwise agreed to in writing.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 6 – INVOICE

In consideration for the supply of the Goods, the Customer shall pay to the Company the amount set out in our tax invoice for the relevant Products, including any charges (“Invoiced Amount”), which may include charges for the following:

a)          insurance for Products in transit from our premises;

b)          handling, packaging and processing in the event that the value of an Order is less than any minimum order value or quantity that has been previously stipulated by us or agreed to by the parties;

c)          service fee or charge determined by us from time to time;

d)          any charge, duty or impost of any kind in connection with the Goods;

e)          delivery and freight costs, including but not limited to expenses incurred by us due to deferral of delivery at our request beyond the delivery date specified or cancellation of the your invoice (subject to any free freight agreement offered by the Company from time to time); and

f)          GST and all other statutory taxes and charges.

Unless otherwise agreed, Risk in an Order of Products by you passes at the time immediately prior to the offloading of the Products at the location nominated by you.

Ownership of, and title in the Products will not pass to you until you have paid us the Invoiced Amount payable in respect of those Products.

SECTION 7 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Product Warranty.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We do not guarantee or warrant that the product images are an exact representation of the actual products.

Where the Order is entered into conditional on your approval of a sample provided by us, we give no undertaking, express or implied, that the Products supplied will be exactly the same as the sample, although reasonable endeavours will be made to supply Products as close to the sample as possible. You are not discharged from your obligations under these Terms if the Products are found not to be identical.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion . We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on this site is void where prohibited.

We may reject an Order placed either through the Company’s website or via other means for any reason including without limitation unavailability of a Good, an error in the price, an error in the image or the Good description or error in the Order itself, in which case the Company shall refund to the Customer any amount paid in respect of the rejected Order.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The representations made concerning our Goodear Product has been made by reference to findings and conclusions from a number of independent technical reports on the effectiveness of the Goodear Product (“Reports”). We recommend consulting these Reports alongside any advertising and representations made by us concerning the Goodear Product. These Reports can be found here.

SECTION 8 – IMPORT DUTIES AND TAXES

Any charges for customs clearance, import duties and/or local taxes are the responsibility of the customer. We do not take any responsibility for these charges and have no control over what they may be.

We are unable to reimburse any costs incurred in relation to customs clearance, import duties and/or local taxes and do not accept any responsibility for delays in delivery as a result, regardless of the circumstances.

SECTION 9 – RETURN OF PRODUCTS

Except for defective Products supplied by us or any provisions under the Australian Consumer Law, we may determine whether or not to accept a return of the Goods in our absolute discretion.

We may accept the return of Products which were incorrectly delivered, damaged prior to risk passing or which are defective and our warranty covers the defect. Any acceptance of delivery back from the you by us prior to us accepting responsibility for incorrect delivery or damage pre risk passing will be by us as agents for you and is not to be taken as any acceptance of any liability by the us.

SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 11 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 14 – PRIVACY AND PERSONAL INFORMATION

Please refer to our Privacy Policy page which includes a Personal Information Collection Statement.

SECTION 15 – INTELLECTUAL PROPERTY

We shall at all times retain ownership of and all interest in all intellectual property relating to the Products and Services, including copyright in all documents, drawings and specifications produced by us or our behalf in connection with the Products and Services.

You must not reproduce, modify, amend or publish, or allow to be reproduced, modified, amended or published, our registered or unregistered trademarks, names or logos without first obtaining our prior written consent.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, Commonwealth, State or Territorial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

Nothing in this Agreement limits, excludes or modifies any warranties or guarantees that are available at law for which it is unlawful under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) to exclude (“Non-Excludable Term”). If it is legally permitted to do so, where we are liable for a breach of any such Non-Excludable Term, then we limit our liability (including liability for pure economic loss and consequential loss) to the following:

(a)          the cost to replace Products that are the subject of a Non-Excludable Term; or

(b)          the replacement of the Products that are the subject of a Non-Excludable Term; or

(c)          the repair of the Products that are the subject of a Non-Excludable Term.

In no case shall Symphony Services Australia Limited, our directors, officers, employees, , agents, contractors, , suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, supplied or otherwise made available via the service, even if advised of their possibility.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, and hold harmless Symphony Services Australia Limited and our parent, subsidiaries, , partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22– ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service together any Trading Agreement, as well as any Order and tax invoice and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services and Products shall be governed by and construed in accordance with the laws of New South Wales, Australia.

The United Nations Convention on Contracts for the International Sale of Goods and the applicable Sale of Goods (Vienna Convention) Act within each State and territory is expressly and entirely excluded.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be directed to:

Name: Symphony Services International
Postal Address: PO Box 435, Balmain, NSW 2041, Australia
Telephone Number: +61 2 8014 7625
Email Address: info@symphonyinternational.net