Last Updated: 14 September 2023
1. Introduction
These Terms and our Related Policies apply to the use of our website and to the placement and fulfilment of Orders.
By continuing to use this website, or placing an Order with us, you accept and agree to be bound by these Terms and our Related Policies.
If you do not accept these Terms or our Related Policies, you must not continue to use this website or place any Order with us.
These Terms and our Related Policies supersede and take precedence over any prior agreements, negotiations, conversations or undestandings in relation to their subject matter.
2. Related Policies
2.1. Shipping Policy
All Orders are handled in accordance with our Shipping Policy.
2.2. Refunds & Warranty Claims
All refunds and warranty claims are handled in accordance with our Returns & Warranty Policy.
2.3. Privacy Policy
Personal information collected by us is handled in accordance with our Privacy Policy.
2.4. Cookie Policy
The use of cookies on our website is handled in accordance with our Cookie Policy.
3. Disclaimers
3.1. Website content
This website and its contents are made available on an "as is" basis.
To the maximum extent permitted by law, we do not warrant or guarantee that:
(a) this website and its features or content will be accessible at all times, or otherwise free from errors, inaccuracy, omissions or bugs; or
(b) any products advertised on this website will be available for purchase at any given time.
3.2. No professional advice given
The content of this website, including any product descriptions or specifications, are intended for general information only and are not intended to constitute professional advice or recommendations of any kind, including legal, medical, financial or investment advice or recommendations.
You should consider whether you need to obtain professional advice prior to placing any Order or relying upon any content or information published on our website.
3.3. Pricing, taxes and duties
Prices advertised are subject to change at any time without prior notice.
In particular, we reserve the right to correct any price that we determine has been incorrectly advertised without prior notice.
Except as otherwise stated, all prices advertised on this website include Australian Goods and Services Tax (GST) where applicable. The total GST applied will be displayed at the time of checkout, or on a tax invoice provided with your Order.
If you are located outside of Australia, or your Order is for delivery to an address outside of Australia, you acknowledge that your Order may be subject to local taxes, tarrifs and customs or import duties in that jurisdiction. You acknowledge that you will be solely responsible for payment of such costs, and that these costs may apply to you in addition to the prices advertised on this website.
3.4. Product availability
All products advertised on our website are advertised on a "while stocks last" basis. Unfortunately, from time to time, a product may be out-of-stock due to temporary supplier shortages or increased demand.
To ensure that we can meet demand for products, we reserve the right to limit Orders for products to a reasonable quantity per customer at our discretion. We reserve the right to place limits upon, or refuse to accept, Orders for excessive quantities of product.
Stock levels displayed are approximate only.
3.5. Promotions, specials, "limited time only" & "clearance" items
Some products may be advertised on a promotional, special, "limited time only" or "clearance" basis and may be withdrawn from sale at the end of the relevant promotional period, or upon depletion of available stock.
Unless otherwise stated, we do not offer rainchecks or store credits if a promotional, special, limited time only or clearance item is unavailable at the time you place your Order.
3.6. Additional terms and conditions
Additional terms or conditions may apply to the purchase of some products.
Such additional terms will be communicated to you as part of the checkout process, or published with the relevant product.
3.7. Product appearance & specification
All product images or videos published on our website, or on other channels including social media, are for illustration, indication or as a suggestion only.
Product descriptions and specifications are based on supplier information or product research and are published as a good faith description of the relevant product, but may be incomplete.
Due to variation in composition, materials and ongoing product development, some products may vary in appearance or specification from the images or descriptions shown.
You acknolwedge that display calibration, colour representations and image resolution may vary between devices and displays. The actual product colours may vary slightly from the colour or image represented on your device or display.
3.8. Amendments & corrections
We reserve the right to amend, modify or withdraw any part of this website, and any product or content published on this website, for any reason without notice, including for scheduled or unscheduled maintenance, to correct any error, omission or inaccuracy, or due to product or supplier shortages or unavailability.
4. IP Rights
4.1. General
The content of this website is protected by IP Rights, including rights recognised under Australian and international copyright laws, conventions and regulations.
To the extent that this website comprises any content that is the subject of third-party IP Rights, such content has been used under the licence or authorisation of that third-party, or is otherwise used in good faith and is considered by us to be a fair dealing or fair use of such third-party IP Rights.
Nothing in these Terms will be deemed to constitute an assignment or transfer of title in any IP Rights owned by, or licensed to, us in your favour.
4.2. Prohibited uses
Except as permitted by law, or as incidental to your ordinary, reasonable, personal and temporary use of this website, you may not without our prior written consent reproduce, aggregate, download, store, broadcast or comunicate to the public, in any manner, any part of this website, its content or any IP Rights subsisting therein, including but not limited to documents, images, logos, trade marks, videos, sound recordings, multimedia, photographs,
product descriptions, product specifications, brochures, guides, marketing copy, articles or blog posts.
Except as permitted by law, you may not without our prior written consent:
(a) access, use, reproduce, aggregate, download, store, broadcast or communicate to the public, in any manner, any part of this website, its content or any IP Rights subsisting therein for:
(i) the creation or operation of a similar store, or operating as a wholesaler, aggregator, reseller, commercial supplier or distributor of the products advertised on this website;
(ii) the aggregation or compilation of product databases, lists or directories;
(iii) the transmission of unsolicited electronic messages or malicious software; or
(iv) any unlawful purpose;
(b) reverse engineer or gain unauthorised or unlawful access to this website;
(c) attempt to do any of the foregoing; or
(d) authorise, incite or assist any other person to do or attempt any of the foregoing.
4.3. User Content
This clause applies where we allow or invite you to submit any comment, product review, testimonial, suggestions or feedback (User Content) including content for internal use, market research, product development, or potential publication on this website.
In submitting any User Content to us, you agree that you will:
(a) only submit User Content that is your reasonable and genuinely held opinion given in good faith, and that you otherwise reasonably believe to be truthful and accurate;
(b) not submit any User Content that is offensive, derogatory, defamatory, harrassing, unlawful, fraudulent, false or misleading;
(c) not submit any User Content that infringes the IP Rights of a third party;
(d) not submit any User Content under a false name or alias; and
(e) indemnify us, and our Related Parties, against any liability or claim made in relation to your User Content.
You grant us an irrevocable, perpetual, world-wide, royalty-free licence to use, reproduce, publish and modify any User Content you submit (including any IP Rights subsisting therein) for the purpose of operating this website, promoting the products sold on this website, and for improving our website and related services.
If User Content is published as a testimonial, we reserve the right to edit such User Content for the purpose of readability, length, accuracy or formatting, or otherwise as permitted by law.
Any User Content is published at our discretion, and we are not obliged to publish any User Content whatsoever. We may remove or alter any previously published User Content at our discretion without notice. We may also impose other requirements, criteria or limitations on the publication of User Content (such as moderation) at our discretion.
4.4. Third-party associations & content
Third-party trade marks referenced on this website are the property of their registered owners.
Except as otherwise expressly stated, the use of, or reference to, a third-party trade mark or product does not represent or imply any affiliation or association with, or sponsorship, endorsement or approval by, that third-party or vice versa.
Where a link is provided to a third-party website (eg a product supplier or manufacturer's website):
(a) such link is provided for convenient reference only;
(b) (unless otherwise stated) such link does not imply any association or affiliation with, or endorsement, approval or sponsorship by, that third party or vice versa; and
(c) to the maximum extent permitted by law, we do not accept responsibility for, nor do we make any representation or warranty regarding, any infomation or content that may be published on the third party's website.
4.5. IP Right claims
If you claim that any content on this website infringes, or is likely to infringe, any third-party IP Rights, we request that you contact us.
We may require you to provide substantiation of your claim, including as a minimum:
(a) identification of the third-party IP Rights alleged to be infringed;
(b) identification of the allegedly infringing content on this website;
(c) identification of the alleged owner of the third-party IP Rights; and
(d) a warranty that you are, or are authorised to represent, the owner of the third-party IP Rights.
5. General
5.1. Definitions
Unless the context otherwise requires, the following words and phrases used in these Terms or our Related Policies will have the meanings set out below:
Cookie Policy
the Cookie Policy published on our website.
IP Rights
all rights of intellectual property, including copyright, trade marks (whether or not registered), patents and registered designs.
Order
an order placed on our website.
Privacy Policy
the Privacy Policy published on our website.
Related Parties
our employees, servants, officers, contractors, affiliates, service providers, licensors, related bodies corporate, and agents
Related Policies
each of the related policy documents forming part of these Terms. Our Related Policies include our Privacy Policy, Cookie Policy, Shipping Policy and Refund & Warranty Policy.
Refund & Warranty Policy
the Refund & Warranty Policy published on our website.
Shipping Policy
the Shipping Policy published on our website.
Uncontrollable Event
any event or occurrence that is beyond our reasonable control, including but not limited to: acts of God, accidents, natural disasters, pandemics, outbreaks of disease, fires, floods, earthquakes, tsunami, storms, and other extreme meteorological and weather events and phenomena; wars, radiation, nuclear incidents, invasion, acts of terrorism, riots, disruptions to government or law and order, and civil unrest; industrial action, work stoppages and strikes; imposition of laws, rulings, policy and regulations; imposition of quarantine, embargoes, trade sanctions and customs clearance regimes or restrictions; shortages of labour or materials; disruptions to mail, shipping, freight, transportation or cargo services; disruption or failure of telecommunications or information technology infrastructure, systems and software; or disruption or loss of access to, or corruption or loss of, data due to
unauthorised intrusion, interception, hacking, denial-of-service attacks, computer viruses, malware or other malicious computer code.
we / us / our
The County of Bourke Pty Ltd trading as ATKM (ABN 20 138 673 060).
5.2. Rules for interpretation
Unless the context otherwise requires, these Terms and our Related Policies are to be interpreted in accordance with the following rules:
A reference in these Terms or our Related Policies to:
(a) the singular includes the plural and vice versa;
(b) any gender includes each other gender;
(c) any law or legislation includes its subordinate legislation, regulations, re-enactments and amendments;
(d) times or dates are to Australian Eastern Standard Time (AEST) / UTC+1000;
(e) monetary amounts are to Australian Dollars (AUD);
(f) a business day is a day that is not a Saturday, Sunday or public holiday in the relevant place.
Anything done on a day that is not a business day in the relevant place will be taken to be done on the next business day. Anything done after 5:00pm on a business day will be taken to be done at 9:00am on the next business day. If anything that is required to be done falls due on a day that is not a business day, that thing may be done on the next business day.
If any part of these Terms or a Related Policy is deemed to be void, unlawful or unenforceable, that part may be severed from these Terms or the Related Policy without affecting the remaining parts.
The failure, or waiver, of a party to enforce any right under these Terms or a Related Policy does not operate as a waiver of any subsequent right.
5.3. Notices & communications
Notices and other communications under these Terms or a Related Policy may be given by electronic communication to the address nominated by the recipient.
Where you have placed an Order, your nominated address will be the email address provided to us in connection with the Order. It is your responsibility to ensure that your nominated email address is accessible and able to receive messages at all times, and to promptly notify us if your contact details change.
5.4. Governing law
These Terms and our Related Policies are governed by the laws of the State of Victoria, Australia.
You irrevocably agree to submit to the non-exclusive jurisdiction of the courts, tribunals and legal processes in the State of Victoria, Australia, in relation to any dispute, claim or legal process arising under these Terms or any Related Policy and in respect of the interpretation or construction of these Terms or any Related Policy.
5.5. Variations & amendment
We may vary these Terms or any Related Policy at any time by publishing an amended version on our website.
The amendment will take effect from the later of: the date specified in the amendment; or the date of its publication on our website.
