Please read these terms carefully. By accessing or using our website and online servers, you agree to be bound by these terms and conditions. Do not use this site or our other online services if you if you do not agree to all of these terms. If you have any questions regarding the use of our site, please contact us. These Terms and Conditions ("Terms") apply to your access to, and use of the website (stemmechanics.com.au) and online services (collectively, the "Sites") of STEMMechanics. ("STEMMechanics"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with STEMMechanics, or our subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and declare that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and STEMMechanics for its violations of these Terms.
1. Eligibility, registration & account #You must be 18 years of age to use the Website. If you are under 18 years of age you must have the permission of your parent or guardian to use the Site.
Until you are 18 years old, by using our online services you certify that your parents or legal guardian has consented to your use and agreed to these Terms and Conditions on your behalf, and you acknowledge and agree that your use of our online services is at their discretion. We may require your parents or legal guardian to provide a written acknowledgement of these Terms and Conditions on your behalf before we provide you with part of all of our online services.
You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify STEMMechanics if you discover or otherwise suspect any security breaches related to the Sites.
2. Ownership of site content #Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the STEMMechanics logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of STEMMechanics or our affiliates, licensors, suppliers or users and are protected by international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, non-commercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of STEMMechanics, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Hyperlinks #You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray STEMMechanics or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a STEMMechanics logo or other proprietary graphic of STEMMechanics to link to the Sites without the express written permission of STEMMechanics. Further, you may not use, frame or utilize framing techniques to enclose any STEMMechanics logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without STEMMechanics' express written consent.
STEMMechanics makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of STEMMechanics and STEMMechanics provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by STEMMechanics of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
4. User content #The Sites may include discussion blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your stemmechanics.com.au account information (also known as "Your STEMMechanics Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although STEMMechanics has no obligation to screen, edit or monitor any of the User Content posted on the Sites, STEMMechanics reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Sites.
5. Rights in user content #Except as otherwise provided herein, on the Sites or in a separate agreement with us (such as the rules of a STEMMechanics photo sharing contest), STEMMechanics claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant STEMMechanics and our subsidiaries and affiliates a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of the Sites the right to access your User Content in connection with their use of the Sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to STEMMechanics that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, our Site Rules, any other applicable STEMMechanics terms, guidelines or policies or any applicable law, rule or regulation.
6. Feedback #Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, STEMMechanics and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of STEMMechanics. STEMMechanics shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
7. User conduct #You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree to abide by our Site Rules and that you will not:
In addition to the above rules, you also agree to abide by any additional STEMMechanics rules in relation to any organised Forum, Chat, Game and/or Realm Servers.
STEMMechanics has no obligation to monitor any user conduct on the Sites, and STEMMechanics reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. STEMMechanics does not approve or endorse any user-posted meetings or events referenced on the Sites and STEMMechanics recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
8. No third-party beneficiaries #These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
9. Indemnification #To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless STEMMechanics and our subsidiaries and affiliates, and our respective, directors, employees, independent contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another.
>10. Disclaimers #Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. STEMMECHANICS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. STEMMechanics does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. STEMMechanics does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.
The Site Content, including, but not limited to, STEMMechanics videos and "Expert Advice" articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor.
11. Liability #To the fullest extent permitted by applicable law, in no event shall the STEMMechanics parties be liable for any special, indirect, incidental or consequential damages, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected to the access or use of the complete site, your online or offline interactions with other site users, or otherwise related to these terms, including but not limited to any damages that result from events beyond our reasonable control, such as interruptions to all or portions of the complete site, deletion of files or email, errors or omissions, defects, viruses, delays in operation or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to an STEMMechanics party's records, programs or services.
12. Modifications to site #STEMMechanics reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
13. Termination #You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing STEMMechanics with a notice of termination. STEMMechanics reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
14. Severability #If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Ordering online #Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email. We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud. Upon processing your order and receiving payment we will send you a confirmation email which is your Tax Invoice. We reserve the right to refuse service or supply of the products or to terminate the contract and/or your account at our sole discretion. If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout. By placing an order with stemmechanics.com.au, you declare that will not be on-selling the product(s) to another person(s) for financial gain.
In the instance that you need to cancel or edit your order of a physical item; if you fail to notify us before your order has been dispatched, you can incur a return to sender delivery fee of $25. To avoid any fees associated when cancelling/editing your order, you'll need to notify receive confirmation from a STEMMechanics customer support team member before the order has been dispatched from our premises.
Digital items cannot be cancelled or edited after receiving payment.
16. Pricing & availability #All prices are shown in Australia dollars (AUD). All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. Prices displayed on the Sites may vary from those in the store or from store-advertised prices. All purchases on applicable products include GST at the rate of 10%.
17. Errors #We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
18. Out of stock / pre-order items #If the colour or size you want is not listed in the "Choose Your Colour/Size" drop-down box on the Product Information page, it is not then available for ordering. Please check back later. If the colour or size you want has an Out of Stock label, it is on backorder and available for pre-order. Sometimes we will not know in advance that product is unavailable, so when you place items in your Cart you will be asked if you would like to pre-order them. If you indicate yes, the item will be sent to you once it becomes available. Note that some items may be backordered or unavailable even if the Sites indicate that they are in-stock, and adding an item to your Cart does not guarantee the availability of that item. If you have items on pre-order that you would like to cancel, please contact us.
19. Agreement to Conduct Transactions Electronically; Recording; Copies #You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
20. Payment #We currently accept Visa and Mastercard online. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and declare that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
21. Third-party sellers / on-sellers (buying & selling) #You may not place orders with the intention to immediately on-forward the products to another person in a business transaction (via marketplaces such as eBay etc), without the express written permission of STEMMechanics.
In the instance that you, a customer who has received a STEMMechanics order via an on-forwarder, then you forfeit your right to make; a) a warranty claim or b) refund or exchange with STEMMechanics. As per Australian Consumer Law or Consumer Guarantee, the reseller who has conducted the transaction must address the warranty and refunds directly with the manufacturer at their own cost and loss.
If a reseller who has conducted the transaction is requesting that STEMMechanics send the product directly to the customer then they are engaging in Misleading Breach of the Law. The two laws are: Section 18 of the act which relates to Passing Off, and Trading on the Goodwill of Another Business - and, section 29 1 G which relates to Affiliation (misleading the customer that the seller works for the Retailer, in this case STEMMechanics). This can be made obvious by the reseller's customer receiving a Tax Invoice for the products with STEMMechanics letterhead and other documentation supplied by STEMMechanics Outdoors, misleading the customer to think they are buying from a reputable store instead of a reseller, often just a consumer. Exceptions to this would be if the reseller has an ABN or ACN that relates solely and specifically to reselling products purchased from a Retailer, to their customer base. They will still be responsible for warranty and after sales service but this is allowed under the Law.