Terms & Conditions

CONTRACT OF PURCHASE

By submitting to Emerled Pty Ltd (ACN 134 393 016) (Emerald Planet) an order via the website or by any other means such as email, mail, in person or via phone (Order), the Customer (as defined in section 14) makes an offer to purchase the goods on these Terms and Conditions, such offer being irrevocable for a period of 21 days after receipt of your offer, unless otherwise agreed in writing by Emerald Planet. Emerald Planet will be deemed to have accepted your offer by taking any of the following actions before the later of 21 days after receipt of your offer, or the date you revoke your offer:

  • Sending you written notice of acceptance of your offer by email or otherwise;
  • Dispatching goods contained in your offer; or
  • Sending you an invoice for the goods in your offer.

The Customer acknowledges and accepts that Emerald Planet, at its discretion, reserves the right not to supply goods, for any reason (including where the goods are not, or cease to be, available, or there are account disputes or conditions laced on Emerald Planet by its suppliers). Emerald Planet will not be liable to the Customer for any loss or damage the Customer suffers due to Emerald Planet not
supplying goods pursuant to this clause.

Where the Customer consists of more than one legal entity then each of those entities are jointly and severally liable for all obligations under these Terms and Conditions, including the obligation to make any payments to Emerald Planet.

Submission of an Order by the Customer is deemed as an acceptance of these Terms and Conditions.

These Terms and Conditions may vary from time to time. The Terms and Conditions applying to the Customer’s Order will be those in force on the date the Customer’s Order is received by Emerald Planet.

From time to time, Emerald Planet may run promotions which are subject to both these Terms & Conditions and any additional Promotion Term & Conditions. Promotion Terms & Conditions may include conditions in respect of selected products, order periods, purchase methods, minimum spend requirements, bundle discounts or partner promotions. Promotion Terms and Conditions will be available on the website. By submitting an Order and redeeming the promotional offer, the Customer agrees to and accepts the Promotional Terms & Conditions of the applicable promotion(s).

ACCOUNTS AND PAYMENTS

All goods are sold on a cash before delivery basis meaning that full payment must be received by Emerald Planet prior to dispatch of the goods unless otherwise agreed in writing. Emerald Planet may at times require a deposit to be paid on acceptance of an Order from the Customer. Emerald Planet will issue an invoice on accepting an Order.

A credit limit may be set for a Customer account at the discretion of Emerald Planet. In the event that an Order will cause an account’s credit limit to be exceeded, Emerald Planet reserves the right to require the Customer to pay in full up-front any amounts over the credit limit, including by requiring any excess amounts to be paid prior to dispatch of the relevant goods. Otherwise, the Customer must pay for goods within 14 days after the month in which the Customer purchased the goods, or any other period agreed by the parties.

Any account with a balance not paid by the relevant due date may be frozen until all monies overdue are paid. Any invoice balance that remains unpaid 60 days after its due date will incur interest charges on a daily basis of 2% per month (24% pa) calculated from the invoice due date until the date of payment.

If an invoice is not paid by the due date, Emerald Planet may, at its discretion, withhold further deliveries to the Customer or revoke the credit limit provided to the Customer, without prejudice to any of its existing rights.

Failure to pay an invoice by the due date shall be deemed a material breach of these Terms and Conditions.

If the Customer owes Emerald Planet any money, the Customer must indemnify Emerald Planet from and against all costs and disbursements incurred by Emerald Planet in recovering the debt (including internal administration fees, legal costs on a solicitor and own client basis collection agency costs and bank dishonour fees).

PRICES & GST

Unless otherwise stated, all prices quoted by Emerald Planet and on the Emerald Planet website are exclusive of GST. Emerald Planet reserves the right to change the prices of goods displayed via the website at any time.

The Customer will bear all liability for GST and shall not require Emerald Planet to pay any amount on account of GST. In addition, Emerald Planet will be entitled to recover from the Customer any GST paid or payable by it in respect to the provision of the goods.

RETENTION OF TITLE

Ownership of, and title to, the goods (whether or not attached, fixed or incorporated into any other property) remains with Emerald Planet until payment in full for the goods has been made and received by Emerald Planet. Until the date full payment is received:

  • The Customer must maintain the goods in satisfactory condition and holds the goods as bailee for Emerald Planet. If the Customer sells, disposes or parts with possession of the goods then the Customer must hold the proceeds (such proceeds to include any rights to receive or generate any carbon credit units or similar rights) of any such act on trust for Emerald Planet and must pay or deliver the proceeds to Emerald Planet on demand.
  • The Customer should not convert or process the goods or intermix them with other goods, but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Emerald Planet and must sell, dispose of or return the resulting product to Emerald Planet as it so directs.
  • The Customer must not allow the goods to become fixtures, including through installation by the Customer or a third party.
  • The Customer must not charge or grant an encumbrance over the goods nor grant, nor otherwise give away, any interest in the goods while they remain the property of Emerald Planet.
  • Emerald Planet may commence proceedings to recover the price of the goods sold notwithstanding that ownership of, or title to, the goods has not passed to the Customer.

The Customer is deemed to be in material default and breach of these Terms and Conditions immediately upon the happening of any of the following events:

  • If payment of an invoice is not made promptly by the due date for payment.
  • IIf the Customer ceases to carry on business or stops or suspends payment
    or states its intention of so doing or is unable to pay its debts as they fall
    due or if any cheque drawn or other payment made by the Customer
    payable to Emerald Planet is dishonoured.
  • If the Customer is a company and is wound up or is placed in
    administration, or a receiver or manager is appointed.
  • If the Customer is an individual and becomes bankrupt.

In the event of a default by the Customer, then without prejudice to any other rights which Emerald Planet may have at law or under these Terms and Conditions, Emerald Planet or its agents have the right to:

  • recover the goods at its option and the Customer is obliged to deliver up the goods if so directed by Emerald Planet or its agents, including in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth) or any applicable legislation from time to time; and
  • suspend or terminate the supply of goods to the Customer, Emerald Planet will not be liable to the Customer for any loss or damage the Customer suffers because Emerald Planet has exercised its rights under this clause.
PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)

In this clause, financing statement, financing change statement, security agreement, and security interest have the meaning given to them by the PPSA.

Upon submitting an Order under these Terms and Conditions, the Customer
acknowledges and agrees that these Terms and Conditions constitute a security
agreement for the purposes of the PPSA and creates a purchase money security
interest in all goods that have previously been supplied and that will be supplied in
the future by Emerald Planet to the Customer, as well as in the proceeds relating
to the sale by the Customer of such goods (including the rights to receive or
generate any carbon credit units or similar rights as a result of the supply by the
Customer of the goods).

The Customer undertakes to:

  • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to: a) register a financing
    statement or financing change statement in relation to a security interest arising in connection with these Terms and Conditions on the Personal Property Securities Register; b) register any other document required to be
    registered by the PPSA; or c) correct any defect identified in the above financing statement;
  • do anything Emerald Planet reasonably requires to ensure that the security interest is enforceable, perfected and otherwise effective; and
  • indemnify, and upon demand reimburse, Emerald Planet for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;
  • not register a financing change statement in respect of a security interest without the prior written consent of Emerald Planet;
  • not register, or permit to be registered, a financing statement or a financing
    change statement in relation to the Goods in favour of a third party without
    the prior written consent of Emerald Planet; and
  • immediately advise Emerald Planet of any material change in its business
    practices of selling the goods to third parties which may result in a change in
    the nature of the proceeds derived from such sales.

To the extent permitted by law:

  • ­ Emerald Planet does not need to comply with sections 95 (to the extent that
    it requires Emerald Planet to give notice to the Customer), 96, 118, 121(4),
    125, 130, 132(3)(d) and 132(4) of the PPSA.
  • Sections 142 and 143 of the PPSA are excluded.
  • The Customer waives its right to receive any notice that is required by the
    PPSA and permitted to be excluded (including notice of a verification
    statement).

Subject to any express provisions to the contrary, nothing in these Terms and
Conditions is intended to have the effect of contracting out of any of the provisions
in the PPSA.

RELATIONSHIP OF THE PARTIES

The Customer will not be an agent or employee of Emerald Planet in any sale of
the goods by the Customer.

RISK

Risk of damage to, or loss of, the goods (whether or not attached, fixed or
incorporated into any other property) passes to the Customer on Delivery (as
defined in section 8 below) and the Customer must insure the goods on or before
Delivery.

If any of the goods are damaged or destroyed following Delivery but prior to title
passing to the Customer, Emerald Planet is entitled to receive all insurance
proceeds payable for the goods. The production of these Terms and Conditions by
Emerald Planet is sufficient evidence of Emerald Planet’s rights to receive the
insurance proceeds without the need for any person dealing with Emerald Planet
to make further enquiries.

If the Customer requests Emerald Planet to leave goods outside Emerald Planet’s
premises for collection or to deliver the goods to an unattended location, then such
goods will be left at the Customer’s sole risk.

DELIVERY

Delivery of the Goods is taken to occur at the time that: a) the Customer or the
Customer’s nominated carrier takes possession of the goods at Emerald Planet‘s
address; or one of its nominated third-party warehouses; b) Emerald Planet (or
Emerald Planet‘s nominated carrier) delivers the goods to the Customer’s
nominated address even if the Customer is not present at the address (as
applicable) (Delivery).

All orders will incur a $25 delivery cost (unless otherwise stated). This will
automatically be applied at checkout on the website and/or reflected in the invoice.
On occasions, a delivery charge may exceed $25. Emerald Planet will contact the
Customer before accepting an Order if the delivery charges exceeds $25.

All Orders and Deliveries are subject to our Delivery Policy. Our Delivery Policy is
located at https://emeraldplanet.com.au/faqs/#deliveries.

There are a small number of remote Australian locations that Emerald Planet is
unable to deliver to. If a Customer places an Order for Delivery to an unserviceable
location, Emerald Planet will contact the Customer and refund any amounts paid.

Emerald Planet is unable to deliver to PO Box or Locker addresses.

Emerald Planet does not provide international delivery options.

The Customer must take Delivery. In the event that the Customer is unable, or
refuses, to take Delivery of the goods as arranged then Emerald Planet will pass
on any additional courier, storage or other charges that may apply based on new
Delivery arrangements.

When the Customer gives Emerald Planet an ‘authority to leave’, it is allowing
Emerald Planet to leave the goods at the selected Delivery address without a
signature requirement. The Customer can confirm an ‘authority to leave’ by ticking
a box at the checkout page on the website or in writing to our customer support
team. Emerald Planet, and contractors associated with the Delivery, do not accept
responsibility for any loss or damage which results from an ‘authority to leave’
delivery method. The Customer releases Emerald Planet from and against any and
all claims, demands, liabilities, losses, costs and expenses, including financial and
other consequential losses, made, suffered or incurred by the Customer or any
other person or entity as a result of an ‘authority to leave’ request.

Emerald Planet may deliver the goods subject to an Order in separate
consignments. Each consignment must be paid for in accordance with these
Terms and Conditions or as otherwise agreed.

Any Delivery time or date given by Emerald Planet to the Customer is an estimate
only. The Customer must still accept Delivery of the goods even if late and
Emerald Planet will not be liable for any loss or damage incurred by the Customer
as a result of the Delivery being after the estimated Delivery time or date.

The failure of Emerald Planet to Deliver will not entitle either party to treat these
Terms and Conditions as repudiated.

Backorders will be shipped as soon as they are available.

REVIEW OF CUSTOMER ACCOUNTS

Emerald Planet will review a Customer’s account status if the Customer: (a)
attempts to cancel an Order or requests a delay in Delivery of goods Ordered by
more than 1 month; or (b) fails to make payment by the due date. This may lead to
the Customer’s account being closed or amended terms being applied to future
orders. Emerald Planet reserves the right to require full payment for a cancelled
Order or requested delay in Delivery of goods of more than 1 month.

CANCELLATION OF ORDERS

The Customer will not be entitled to cancel the whole or part of the Order or to
claim compensation by reason of Emerald Planet’s failure to comply with the
Delivery requirements or minor variations to the goods as a result of changes to
the manufacturing process or specifications of the goods, so long as the overall
functionality of the goods is no less than those ordered by the Customer.

DEFECTIVE GOODS, SHORTFALLS AND LIABILITY

Our goods may come with guarantees under Schedule 2 of the Competition and
Consumer Act 2010 (Cth) (Australian Consumer Law) that cannot be excluded,
restricted or modified.

Every effort is made to ensure accuracy of the information provided by Emerald
Planet (whether on the Emerald Planet website or otherwise). To the full extent
permitted by law, and without limiting the operation of the Australian Consumer
Law, Emerald Planet takes no responsibility for any errors and/or omissions
advertised and images and/or descriptions of goods that differ from the actual
goods; images are for illustration purposes only.

Subject to the requirements of any law including under the Australian Consumer
Law, all claims for defective or short delivered goods must be made in writing to
[email protected] within 10 days of Delivery of the relevant goods. A
failure to make a claim within the above time constitutes acceptance in full of the
Delivery.

If the goods are considered to be of a kind not ordinarily provided for personal,
domestic or household use, to the extent permitted by law:

  • Emerald Planet’s liability for a breach of a condition or warranty implied by
    the Australian Consumer Law is limited to either the (a) replacement of the
    goods supplied or the supply of equivalent goods; (b) repair of the goods
    supplied; (c) payment of the cost of replacing the goods or of acquiring
    equivalent goods; or (d) payment of the cost of having the goods repaired.
  • Emerald Planet will not be liable for consequential, incidental, special or
    exemplary damages, including loss of profits or revenues, loss of corruption
    to data, loss of use of the goods or any other goods or associated
    equipment or damage to any associated equipment, cost of capital, cost of
    substitute products, facility of services, down time cost or claims made by a
    Customer, arising out of or from a result of a breach of contract, warranty,
    use of our goods or services or otherwise.
  • Emerald Planet’s liability for a claim, loss or damage suffered or incurred by
    a Customer, arising out of or in connection with the goods or related
    services provided to the Customer will not exceed the price of the specific
    good giving rise to the claim, loss or damage.

For the avoidance of doubt, this clause does not operate where contrary to the Australian Consumer Law.

Notwithstanding anything else in these Terms and Conditions, but subject to any
applicable law including under the Australian Consumer Law, Emerald Planet will
not be liable for any defect or damage to the extent it is caused or partly caused, or
contributed to, by or arise as a result of:

  • the Customer or a third party failing to properly maintain or store any goods;
  • the Customer or a third party using the goods for any purpose other than
    that for which the goods were designed or was communicated to Emerald Planet and confirmed by Emerald Planet to be an appropriate purpose for
    which the goods may be used;
  • the Customer or a third party continuing the use of any goods after any
    defect became apparent or should have become apparent to a reasonably
    prudent operator or user;
  • the Customer or a third party failing to follow any instructions or guidelines
    provided by Emerald Planet; or
  • fair wear and tear, any accident, act of God or other
RETURNS FOR CHANGE OF MIND

Emerald Planet will accept goods returned due to a change of mind and provide an
account credit or credit note, when items are returned with proof of purchase within
10 days from the date the goods were delivered to the Customer. Goods returned
after that timeframe will not be eligible for an account credit or credit note.

The Customer is fully responsible for the cost of returning the goods.

All goods returned due to a change of mind must be unopened and in their original
shipped condition, including all product packaging.

Goods which appear to be worn, used or damaged after delivery, or altered in any
way, will not be eligible for an account credit or credit note.

INTELLECTUAL PROPERTY

All confidential information, materials and intellectual property rights supplied by
Emerald Planet belong to Emerald Planet. The Customer shall not use or have any
rights to them.

GENERAL

The failure or delay by Emerald Planet to enforce any provision of these Terms
and Conditions must not be treated as a waiver of that provision, nor must it affect
Emerald Planet’s right to subsequently enforce that provision. If any provision of
these Terms and Conditions is found to be invalid, void, illegal or unenforceable, it
is severed and the validity, existence, legality and enforceability of the remaining
provisions remains unaffected.

The Customer must not be entitled to set off against, or deduct from any amounts
owed to Emerald Planet, any amounts owed or claimed to be owed to the
Customer by Emerald Planet nor to withhold payment of any invoice because part
of that invoice is in dispute.

Emerald Planet may license or sub-contract all or any part of its rights and
obligations without the Customer’s consent.

Neither party must be liable for any default due to any act of God, war, terrorism,
strike, lock-out, industrial action, fire, flood, storm, inability to obtain any necessary
materials, equipment, facilities or services, failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery,
units and parts, software, hardware or communication network, or other event
beyond the reasonable control of either party.

The Customer warrants that it has the power to submit an Order and accept these
Terms and Conditions and has obtained all necessary authorisations to allow it to
do so, it is not insolvent, and that these Terms and Conditions create binding and
valid legal obligations on it.

These Terms and Conditions and any Emerald Planet document referred to in it
(which may only be varied in writing by Emerald Planet) shall apply to the
exclusion of all other terms relating to the goods, including on the Customer’s
Order form. All goods are provided subject to these Terms and Conditions.
Throughout this document Customer or you means the purchaser of the goods
specified in the Customer’s Order, Emerald Planet’s acceptance or any other
written document between the parties.

The contract for the provision of the goods is made in New South Wales, Australia and
the parties exclusively submit all disputes arising between them to the Courts of
New South Wales, Australia.

Terms of Use

Overview

www.emeraldplanet.com.au (Site) is a website operated by Emerled Pty Ltd (ACN
134 393 016) (we, us, or our).

These terms, our Privacy Policy and any documents referred to in them (together,
Terms) govern the use of our products, services, social media pages and the Site.

The Terms apply to any person or organisation accessing, using or relying upon
the Site (you).

The Site is a platform that allows users to register an account and place orders for
goods and services, including lighting and smoke alarm solutions.

We encourage you to read these Terms carefully before you start using the Site.
By accessing or using the Site, you indicate that you have read, understood and
accept the Terms and that you agree to abide by them.

If you do not agree to the Terms, you should not access or use the Site or the
products and services offered on or via the Site.

We may vary the Terms at any time, which will be effective immediately upon
posting to the Site. You should regularly check the Terms for updates. Using the
Site after the updated Terms are posted to the Site constitutes your acceptance of
the updated Terms.

If you have any queries about the Terms, please call us on 1300 511 148, email [email protected] or send us a message.

Accessing the Site

You are solely responsible for:

  • making all arrangements necessary to access to the Site;
  • ensuring that any person who accesses the Site through your internet connection, mobile device or otherwise, is aware of and complies with the Terms; and
  • determining that the Site meets your personal needs and is suitable for the purposes for which it is accessed.

When accessing and using the Site, you must not:

  • attempt to undermine the security or integrity of our computing systems or networks or that of a third party’s, where the Site is hosted by a third party;
  • use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in delivering the Site, or the ability of any other person to use the Site;
  • attempt to gain unauthorised access to any materials on the Site or to the computer system on which the Site is hosted;
  • transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
  • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.

Access to the Site is permitted on a temporary basis. We will not be liable if for any reason any part of the Site is unavailable at any time or for any period.

We may suspend or restrict access to the Site, or parts of the Site, from time to time.

User account and password

You do not need to register an account or log in to browse the Site, but you will need to log in to view prices or place orders for products or services on the Site.

Your account will be operated by an email address and password. You may change or reset your Password by selecting the ‘Forgotten Password?” link on the login page.

You are solely responsible for all activity on the Site using your account or password. We may request that you provide evidence to verify your identity at any time.

You undertake to:

  • not disclose and take reasonable measures to prevent disclosure of your password to any third party;
  • immediately notify us of any unauthorised use of or other security breach related to your account or password;
  • provide accurate and complete registration information, and update it when necessary to maintain its currency, completeness and accuracy;
  • create only 1 account on the Site; and
  • not impersonate another account holder or provide false identity information to access or use the Site.
Personal information

Any personal information you provide will be processed in accordance with our
Privacy Policy.

By using the Site and providing your personal information, you consent to this
processing and warrant that all information provided is true and accurate.

Account suspension, termination and updates to the Site

We may, at any time and without notice:

  • withdraw, update or change the products, services and content we provide on the Site; or
  • restrict, suspend or terminate your access to any part of the Site, our social media pages or any third party links on the Site.

The content provided on or via the Site, our social media pages, or any third party
links on the Site may be out of date, and we are under no obligation to update it,
except as required by law.

We are not liable to you or any third party for taking action or not taking action
under this section 5 .

Policies and guidelines

You must comply with our policies and guidelines, as amended from time to time.

Third Party Content

Users of the Site and our social media pages may access and use third party
content on, or linked from, the Site or our social media pages (Third Party
Content).

We may monitor, modify or remove any Third Party Content at any time but are
under no obligation to do so.

We do not control or maintain Third Party Content. Third Party Content is only
provided for your information and convenience.

We make no endorsements, representations or warranties in relation to the Third
Party Content, and exclude all liability for damage or loss arising from the Third
Party Content.

You access, use and rely on Third Party Content at your own risk. You must make
your own enquiries to verify the Third Party Content. We encourage you to
carefully review the terms and privacy policies of any third party website that you
visit or transact with.

We are not responsible for any opinions, warranties, representations, advice,
statements, offers or other information in Third Party Content provided by a user of
the Site or third party.

You may include a link to the Site on a website you own or control, with our prior written consent.

Notwithstanding this consent, you must not present the Site in a way which:

  • damages or takes advantage of our reputation; or
  • suggests any form of association, approval or endorsement from us.

We may withdraw our consent at any time.

Intellectual property

We own all aspects of the Site and our social media pages, including information,
text, materials, graphics, button icons, images, video and audio clips, trade marks
(whether registered or not), layout, graphical user interface, look and feel,
functionality, databases and control features (together, IP Content).

Without limiting the foregoing, we own or license all intellectual property rights in
the Site, IP Content and Third Party Content.

You may print copies and download extracts of any page from the Site for your
personal use only. You must not modify the paper or digital copies of any materials
you have printed or downloaded from the Site in any way.

If you print, copy or download any part of the Site or our social media pages in
breach of the Terms, your right to use the Site and our social media pages will
cease immediately and you must, at our discretion, immediately return or destroy
any copies of the materials you have made.

The IP Content and Third Party Content displayed on or via the Site and our social
media pages are provided ‘as is’ and without any guarantees, conditions or
warranties as to their accuracy, completeness, timeliness, reliability, currency or
fitness for purpose.

Liability

Nothing in the Terms excludes, restricts or modifies any rights or remedies under
Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian
Consumer Law
) that cannot be excluded, restricted or modified.

Subject to 10(a) and to the extent permitted by law, we and our related bodies
corporate (as defined in the Corporations Act 2001 (Cth), and each of their
directors, officers, affiliates, employees, partners and representatives (Personnel)
exclude:

  • all conditions, warranties and other terms which might otherwise be implied
    by statute, common law or the law of equity; and
  • any liability to you or any third person however arising (even if foreseeable)
    for any loss of or damage to any property; personal injury or death; or
    indirect, special or consequential loss or damage (including loss of
    opportunity, business, goodwill, profits, production, savings, data or
    privacy), which is connected, in any way, with the Site, the products or
    services on the Site, or in connection with the use, inability to use, or results
    of the use of the Site, any social medial pages and websites linked to it and
    any IP Content and Third Party Content.

Without limitation to the foregoing, our maximum aggregate liability will not exceed $1,000, however arising.

You indemnify us, our related bodies corporate (as defined in the Corporations Act 2001 (Cth) and each of their Personnel from and against all claims, liabilities and costs (including legal costs) arising from or which is directly or indirectly related to any:

  • use of the Site, our social media pages or Third Party Content or any other products or services accessed via, or associated with, the Site, our social media pages or third party websites;
  • breach of the Terms; or
  • infringement of the rights of others, including privacy rights and intellectual property rights.
Customer support

We may provide you with customer support from time to time. You may submit an enquiry by sending us a message, calling 1300 511 148 or sending an email to [email protected]

Viruses and hacking

You must not:

  • ­ misuse the Site by knowingly introducing viruses, trojans or other malicious or harmful material;
  • attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, or due to your downloading of any material or content posted on it, or on any website linked to it.

We recommend that all Internet users always ensure they have up to date virus checking software installed.

Uncontrollable Event

We are not responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of an Uncontrollable Event.

Uncontrollable Event means any acts, events, omissions, accidents or circumstances outside of our reasonable control, and includes strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, natural disasters, sabotage, war or national emergency, riot, computer hacking, internet interruption or virus, malicious damage, compliance with any law, order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors, an act or omission of a third party and shortage of suppliers, equipment and materials.

General

No waiver No waiver is effective unless it is expressly stated in writing by us to be a waiver. A waiver cannot be implied by conduct, delay or failure to act.

Severability Any part of the Terms that is invalid, unlawful or unenforceable will be severed and the remaining parts will continue in force.

Entire agreement The Terms constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, arrangements and agreements between them relating to the subject matter.

Assignment We may assign or sublicense any of our rights or obligations under these Terms at any time.

No relationship The Terms do not imply or create any relationship of agency, partnership, joint venture, employment or franchisor-franchisee between the parties.

Governing law and jurisdiction The parties agree the Terms are governed by the laws of New South Wales, Australia and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Privacy Policy

Emerald Planet Environmental Pty Ltd (Emerald Planet) is dedicated to keeping your
details private. Any information we collect in relation to you is kept strictly secured. We
take the greatest care when collecting, storing and using your personal data in order
to justify your confidence in ordering with us.

WHY WE COLLECT DATA

We use this data to manage and process your orders, provide you with up-to-date
product, industry and company information (if applicable) and to optimise your
ordering experience with us. Emerald Planet uses cookies to allow you to login to your
trade account, maintain a shopping cart and to purchase items in your shopping cart.
Cookies also allow us to give you a more personalised shopping experience by
displaying products that interest you throughout our product pages, thus providing you
with a more friendly, interesting and enjoyable shopping experience. Cookies sent to
your computer from Emerald Planet only last while you’re browsing on our website.
We do not store persistent cookies on your computer.

HOW WE COLLECT YOUR DATA

We collect data from you when:

  • You register for a trade account on the website;
  • You use any of our related services, such as subscribing to our email communications;
  • You browse our products and services or otherwise interact with our website;
  • You accept our cookies and other tracking technologies on your device;
  • You interact with our customer support team or other representatives, for example, via emails, telephone calls, letters,
    or face-to-face meetings;
  • You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our
    Social Media platforms;
  • Our third-party analytics and other service providers, business or commercial partners provide your data to us, which
    was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
    You voluntarily submit your data to us for any reason.

The security of your information is important to us. When you enter sensitive information (such as credit card numbers)
on our website, we encrypt that information using secure socket layer technology (SSL). Your credit card details are
collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and
privacy policies.

THE TYPES OF DATA WE COLLECT

When you open an Emerald Planet trade account, we may collect data from you.
Examples of the types of data we may collect includes your name, contact details,
mailing and delivery addresses, email address, your shopping or browsing behaviours
and any other personally identifiable information that you have provided to us. Data
may also include network and device data such as IP address and device or
advertising identifiers and information we obtain using cookies or other tracking
technologies.

SHARING YOUR DATA

We may pass your data to:

  • The Emerald Planet customer support team. Their access is subject to strict controls and procedures;
  • Payment processors, who process your payment on the website;
  • Logistics providers, such as courier companies, which will deliver your order to you; or
  • Service providers and other related entities who provide services to us, such as marketing optimisation, information
    technology, telecommunications, customer analysis or tracking, security or other relevant services which requires that
    entity’s collection, use or disclosure of your data.

You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the
website to a third-party we shall be permitted to disclose the data and other information that we have collected from
you to the third-party, without giving notice or seeking prior consent from you.

We reserve the right to disclose your data, as required by law, when we believe that disclosure is necessary to protect
our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.

If you would like to access or update any of your data, please click here to email us or call 1300 511 148.

COMMUNICATING WITH YOU

When you provide us with your email address or mobile phone number, you may opt
in to electronic communications in respect of news, promotions, left in cart reminders
and updates on the status of your orders, invoices or returns. Your consent to the
receipt of certain communications may be implied from the use of certain functional
aspects of our service. If you would like to update your communication preferences, please click here to email us or call 1300 511 148.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this privacy statement at any time, so please review it
frequently. If we make material changes to this policy, we will notify you here, by
email, or by means of a notice on our homepage.

Promotions Term & Conditions

FREE DELIVERY: ORDERS $250 AND ABOVE

Offer starts at 7AM 1st September 2019 and ends at 11:59PM 31st December 2020 AEST.

Orders of two-hundred and fifty Australian dollars ($250) and above (ex GST) are
eligible for free delivery to the following metro areas: Sydney, Melbourne, Brisbane,
the Gold Coast and Adelaide. For online orders, the delivery cost will automatically be
deducted at checkout.

The metro delivery zone is a 40km radius surrounding the following cities: Sydney,
Melbourne, Adelaide, Canberra, Brisbane and the Gold Coast.

Orders to the metro delivery zone under $250 (ex GST) will be charged the flat
delivery rate of $25 per order.

Orders outside of the metro delivery zone, going to Perth, Darwin and regional or
country areas will be charged a delivery rate of $25 per order (unless otherwise
advised by our customer support team).

TEN-PERCENT (10%) DISCOUNT APPLIED TO FIRST WEBSITE ORDER

Offer starts 7:00AM 26th November 2019 and ends at 11:59PM 31th December 2020
AEST.

Online orders eligible for the 10% discount:

  • Applicable to the first order placed through the Emerald Planet website.
  • One time use only.
  • One time use per company.
  • Online orders over three-hundred ($300) dollars and up to ten-thousand
    ($10,000) dollars in value (ex-GST) are eligible for a ten-percent (10%)
    discount.
  • Online orders that are paid for via a Trade Account facility or credit card on the
    Emerald Planet website.
  • When the correct coupon code is added at check-out.

Orders that are not eligible for the 10% discount:

  • Online orders under three-hundred ($300) dollars or over ten-thousand
    ($10,000) dollars (ex-GST).
  • Orders placed outside of the Emerald Planet website (emeraldplanet.com.au).
  • Online orders placed by a company when their Trade Account is on credit-hold.
  • When an incorrect coupon code is used at check-out.
Daniel ZamparelliTerms and conditions