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Terms of Sale

1. Purpose

We are Proskill Australia Pty Ltd ACN 099 031 188 and this document contains the terms of sale for all of our products.

2. Application

These terms apply to you or anyone who purchases any of our goods on your behalf, regardless of the method of sale.

3. Transaction and Payment

3.1 All sales of our goods are made subject to these terms.
3.2 You must provide us with correct delivery and payment information, failure to do so may result in delays or loss of goods.
3.3 In the absence of a time for delivery, all goods and services will be delivered within a reasonable time – but where we do quote a time for delivery it is an estimate, delays may occur due to third party couriers or post. Estimated delivery approximately 48 hours within the Eastern states and 5 days to the Western Australian and Northern Territory. Shipping cost is a flat rate of $12.50.
3.4 In the absence of our agreement to the contrary, payment is to be made in any manner we first approve.
3.5 Where you have a trade account with us, the payment terms are 30 days unless we tell you otherwise.
3.6 Transaction currency Australian Dollars.

4. Products

4.1 Risk in all items passes to you upon dispatch of the goods by us – we recommend that you obtain your own insurance to avoid loss.
4.2 Descriptions and pricing of goods are correct at the time of publication but are subject to change without notice, if you are unsure, just ask us.
4.3 Goods may vary from their actual description and you are deemed to have accepted the goods within 7 days of delivery, unless you notify us before then.
4.4 You may not resell our products as your own.
4.5 We will contact you within 48 hours if the goods are not able to be delivered.
4.6 We do not offer refunds if you simply change your mind or make a wrong decision. If good are the wrong size and returned as good as new we will exchange these for the correct size.

5. Title to goods

Legal ownership in goods does not transfer until we have received full payment in cleared funds. If you pay us and then charge back any credit card or bank transfer payment, then you are deemed not to have made full payment in cleared funds.

6. Miscellaneous

You must not:
6.1 use or reproduce or in any other way infringe the Skillers, Snickers or Proskill trademarks, business names or logos without our prior written consent;
6.2 make any representations or claims about the goods which are, or which may be misleading and deceptive, or which may cause us or Skillers/Snickers disrepute.

7. Liability

7.1 To the extent permitted by law we will provide goods and services with reasonable care and skill but do not warrant that they will be provided without fault or error.
7.2 Except for any express warranties in this agreement, to the extent permitted by law we disclaim all express and implied warranties in relation to any good or service we provide you.
7.3 In the case of any breach of this agreement, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:

7.3.1 if the breach or negligence relates to goods –

7.3.1.1 replacement of any goods involved or the supply of equivalent goods;
7.3.1.2 the repair of such goods;
7.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
7.3.1.4 the payment of the cost of having the goods repaired; and

7.3.2 if the breach relates to services –

7.3.2.1 supplying of the services again; and
7.3.2.2 the payment of the cost (for the period of the breach) of having the services supplied again.

7.3.4 In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income that you or anyone else may suffer.

8. Indemnity

You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:

8.1 any act or omission (including the use or non use of any goods we supply);
8.2 any breach of any law;
8.3 any breach of this agreement -
by you or anyone using any goods or services we provide to you.

9. GST

9.1 Except where express provision is made to the contrary, the consideration payable by you under this agreement represents the value of any taxable supply for which payment is to be made.

9.2 Subject to us supplying you with a valid tax invoice, if we make a taxable supply for a consideration, which represents its value, then you will pay, at the same time and in the same manner as the value is otherwise payable, (or, if for any reason that does not happen, without delay after we request you to) the amount of any GST payable in respect of the taxable supply.

9.3 Subject to us supplying you with a valid tax invoice, if this agreement requires you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply from a third party, the amount required to be paid, reimbursed or contributed by you will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under clause 9.2.

10. Privacy and Communication

10.1 We will use your personal information in accordance with our privacy policy, and may use your personal information for marketing and promotional purposes.
10.2 You consent to:

10.2.1receiving email communications from us including any marketing and promotional communications unless you notify us otherwise; and
10.2.2us providing your email address and other personal information to our suppliers or agents (some of whom are located outside of Australia) for the purposes including marketing.

10.3 If you no longer wish to receive any marketing or promotional material you must advise us in writing, and obtain an acknowledgment of receipt from us.

11. Acknowledgments

11.1 You acknowledge that:

11.1.1 we are not bound to continue supply you with any good or service;
11.1.2 our arrangement with you is non-exclusive and that we may supply anyone;
11.1.3 placement of an order does not mean that we have accepted the order – we may accept or reject an offer; and
11.1.4 we may impose a credit card surcharge for credit card payments.

11.2 Where this agreement says that you acknowledge certain matters you must accept all goods and services from us subject to those matters, and none of them constitutes a defect in a good or a service.
11.3 You release us from all losses and claims in respect of, or out of, such matters or their consequences.

12. Whole Agreement

This is the whole agreement between us for the sale and purchase of goods or services from us.

13. Legislation

This agreement is governed by the Sale of Goods Act (Vic) 1958 (‘Act’) and the Trade Practices Act 1974 (Cth) (‘TPA’) but in the event of an inconsistency between the terms of this agreement, the TPA and the Act, the terms of this agreement prevail to the extent of the inconsistency and to the extent permitted by law.

14. Relationship

The parties to this agreement are not partners, joint venturers, agents, employees or contractors of each other.

15. Severance

Subject to clause 13, if any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.

16. Waiver

No right under this agreement can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.

17. Non merger

Clauses 4, 5, 6, 8, 9, 10, and 11 do not merge upon completion of this agreement, and continue to operate with full force and effect.

18. Variation

These terms may not be varied without our prior written consent. We may vary these terms at anytime without notice.

19. Jurisdiction

19.1 This agreement is solely governed by the laws of Victoria, and any dispute relating to this agreement may only be heard in a Court of competent jurisdiction in the State of Victoria.
19.2 The parties acknowledge that this contract is formed in the State of Victoria.

20. Security

We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

When purchasing from www.ProSkill.com.au your financial details are passed through our server using the latest 128 BIT SSL Encryption.


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