Welcome to www.www.enviraflo.com.au. This website is owned and operated by www.cookeindustries.com.au. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).
This agreement is in effect as of Nov 14, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any www.cookeindustries.com.au employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.cookeindustries.com.au, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless www.cookeindustries.com.au and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.cookeindustries.com.au or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Www.cookeindustries.com.au will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.cookeindustries.com.au, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.cookeindustries.com.au, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.cookeindustries.com.au.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by www.cookeindustries.com.au from our offices located in the state of Victoria, Australia. It can be accessed by most countries around the world. As each country has laws that may differ from those of Victoria, by accessing our website, you agree that the statutes and laws of Victoria, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Australia, Victoria You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, www.cookeindustries.com.au EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1. Approval to extend credit facilities to clients will be at the sole discretion of Cooke Industries.
2. All accounts are strictly NETT 7 days from delivery date of goods unless otherwise authorised by Cooke Industries.
3. All claims are to be notified to Cooke Industries within three (3) days of delivery.
4. Overdue accounts are subject to immediate stop credit without notice.
5. Cooke Industries retains the right to withdraw credit facilities immediately on overdue accounts.
6. The applicant agrees that Cooke Industries has the right to make any enquiries necessary to any agency or company to ascertain the credit and financial status and responsibility of the Applicant.
Overdue accounts will incur a monthly accounting fee which will be determined by Cooke Industries. The Applicant accepts the liability of the monthly accounting fee as a debt to Cooke Industries which becomes part of the overdue account. The monthly accounting fee will cease to be a debt once the overdue account has been paid in full.
8. All overdue accounts will incur penalty interest at the current prescribed rate of interest on the amount outstanding from the date of inception of the account.
9. The Applicant directs Cooke Industries to seek payment of any overdue account (including all monthly accounting fees and penalty interest (if any)) by charging the Credit Card nominated on the Credit Application Form.
10. If the overdue account is required to be sent to a debt collection agency or have an Order issued through VCAT, the Applicant undertakes to pay all expenses whatsoever and penalty interest incurred in relation to such actions.
11. If the action as defined in clause 10 hereof comes to fruition, the Client’s credit account will become null and void and set to cash sales only.
(In relation to the terms and conditions set out in this section, the Applicant together with his/her/their/its heirs, assigns successors, executors, attorneys, administrators, legatees, professional or personal representatives or any third party to which the Applicant is directly or indirectly connected to by way of a legal, professional, business or personal nature, is referred to as the ‘Purchaser’ herein)
Property shall remain with Cooke Industries until paid in full, and the Purchaser agrees to hold the goods in good working order for Cooke Industries.
13. The Purchaser shall take delivery of the goods at the time of delivery of the goods at the nominated delivery address and the liability and risk of the goods shall pass on such delivery.
14. Cooke Industries reserves the right to at any time terminate any contract relating to the goods and the bailment without notice to the Purchaser, and may thereupon take possession of the goods. If the goods have been incorporated into a system or as a part of an item, Cooke Industries reserves the right to remove the goods from the system or item which in effect may render the system or item inoperable. Taking possession of the goods, Cooke Industries accepts no liability or responsibility whatsoever as to:
15. If Cooke Industries exercises its right under clause 13 hereof, the Purchaser gives full permission for Cooke Industries to enter upon their property or the property to where the goods are located, to take possession of such goods. The Purchaser cannot by any means whatsoever stop Cooke Industries from entering such property.
16. In taking possession of the goods, Cooke Industries wholly relies upon the Tax Invoice remitted to the Purchaser at the time of purchase and the Purchaser acknowledges that the goods being taken by Cooke Industries are those goods referred to in such Tax Invoice. No other form of identification will be required to be given by Cooke Industries to the Purchaser.
17. Upon full payment of the goods by the Purchaser to Cooke Industries, Cooke Industries will provide to the Purchaser the goods taken as referred to under clause 13 hereof. If the Purchaser requires Cooke Industries to reinstall or reconnect the goods into a system or item, the Purchaser acknowledges that Cooke Industries will charge an appropriate fee for such works under a Tax Invoice which will be required to be paid in full prior to the works being done.
18. If the goods are sold by the Purchaser as:
the Purchaser acknowledges that such sale by the Purchaser is done so as bailer for and on behalf of Cooke Industries. The Purchaser shall hold the proceeds from the sale in trust for Cooke Industries until payment is made in full to Cooke Industries for the goods. The sale of such goods does not in any way diminish the legal financial responsibility from the Purchaser; the Purchaser remains the sole legal financial entity until payment has been made in full to Cooke Industries and Cooke Industries are satisfied that all financial responsibility has been met.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Cnr Etiwanda Avenue & The Crescent
Mildura, Victoria 3500