Terms of Sale
DEFINITIONS
1. "ACL" means the Australian Consumer Law Schedule of the Competition and
Consumer Act;
2. "Consumer" is as defined by the ACL and in determining if You are a consumer,
the determination is made if You are a consumer under the Contract;
3. "Contract" means any contract for the provision of Products by DJH to You;
4. “GST” means the Goods and Services tax as defined in A New Tax System
(Goods and Services Tax) Act 1999 as amended;
5. "Products" means the digital publication products provided by DJH to You;
6. "DJH" means DJH Safety Consulting Pty Ltd (ACN 133 422 616);
7. "Site" means the website www.djhsafety.com.au;
8. "Terms" means these Terms and Conditions of Sale;
9. "Terms of Use" means the Website Terms of Use that apply to Your use of the
website and the Products;
10. "You" means the person, jointly and severally if more than one, acquiring the Products from DJH;
BASIS OF CONTRACT AND ORDERING
11. These Terms apply exclusively to every Contract and cannot be varied or
replaced by any other terms.
12. Any quotation, displayed price, order list or order confirmation provided by DJH
to You for the proposed supply of Products is an invitation to treat only, and is
subject to You placing an order which is your offer to enter into a Contract with
DJH on these Terms.
13. A Contract is formed when DJH confirms acceptance of Your order and receipt
of Your payment.
14. You must not purchase the Products for the purpose of re-supply.
15. DJH in its absolute discretion may refuse to accept any order from You.
16. DJH may vary or amend these Terms by notice written notice to You at any time.
Any variations or amendments will apply to orders made by You after the notice
date.
PRICING AND PAYMENT
17. Prices displayed for the supply of Products include GST, and any other taxes or
duties imposed on or in relation to the Products.
18. Payment for the Products must be made strictly by credit card or electronic
funds transfer immediately upon confirmation of Your order. You will not be able
to download the Products until payment is received.
19. Products displayed are subject to availability. If any Products are not available,
DJH will inform you within 7 days.
20. In the case of non-availability of Products, DJH will refund to You Your purchase
price.
21. We use SSL and we don't handle or store credit card details
DELIVERY
21. DJH will make the Products available for download.
DJH Safety Consulting Pty Ltd, 13/10 Lakewood Boulevard, Carrum Downs, VIC 3201, T: 03 9772 8886 F: 03 8625 0090
E: info@djhsafety.com.au W: www.djhsafety.com.au
22. Any period or date for the download of Products stated by DJH is an estimate
only and not a contractual commitment.
23. DJH will use its reasonable endeavours to meet any estimated dates for the
download of Products but will not be liable for any loss or damage suffered by
You or any third party for failure to meet any estimated date.
24. You must advise DJH in writing within 72 hours after been advised that the
Product is available for download:
24.1 of the inability of the Product to be downloaded;
24.2 if there is damage to the Product; or
24.3 that the wrong Product has been received.
CANCELLATION
25. If DJH is unable to deliver or provide the Products, then it may cancel Your order
(even if it has been accepted) by notice to You. In such circumstances, DJH will
refund to You Your purchase price.
26. No purported cancellation or suspension of an order or any part of it by You is
binding on DJH once the order has been accepted and payment confirmed.
RETURNS
27. DJH may provide a refund for Products in limited circumstances. For further
details, please refer to DJH's Online Refund Policy
www.djhsafety.com.au/resources
FORCE MAJEURE
28. DJH is not liable in any way howsoever arising under the Contract to the extent
that it is prevented from acting by events beyond its reasonable control including
but not limited to industrial disputes, strikes, lockouts, accident, breakdown,
import or export restrictions, acts of God, acts or threats of terrorism, or acts of
war. If an event of force majeure occurs DJH may suspend or terminate the
Contract or delay in providing You with the Products by giving You written
notice.
MISCELLANEOUS
29. The law of Victoria from time to time governs Your Contract with DJH.
30. DJH's failure to enforce any of these Terms shall not be construed as a waiver of
any of DJH’s rights.
31. If any Term is unenforceable it shall be read down so as to be enforceable or, if it
cannot be read down, the term shall be severed from the Terms without
affecting the enforceability of the remaining terms.
32. A notice must be in writing and handed personally or sent by facsimile, email or
prepaid mail to the last known address of the addressee. Notices sent by prepaid
post are deemed to be received upon posting. Notices sent by facsimile or
email are deemed received on confirmation of successful transmission.
33. DJH is bound by the Privacy Act 1988 and takes steps to ensure that all
personal information obtained in connection with You will be appropriately
collected, stored, used, disclosed and transferred in accordance with the
National Privacy Principles. Such information may be accessed by request to
DJH in accordance with DJH's Privacy Policy www.djhsafety.com.au/resources
