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Terms & Conditions


1. DEFINITION

1.1 Customer means any person or entity who has placed an Order with ITW or requests a Quotation from ITW;

1.2 ITW means ITW Construction Systems, division of ITW Australia Pty Ltd ABN 63 004 235 063;

1.3 Products mean all products (including accessories and spare parts), services and equipment supplied or to be supplied by ITW to the Customer;

and

1.4 Terms and Conditions mean these terms and conditions of supply, as may be amended from time to time by ITW.

2. QUOTATIONS AND ORDERS

2.1 Any quotation made by ITW is an invitation to treat and not an offer to sell Products. Prices quoted by ITW are subject to changes necessary to

correct errors and are otherwise valid for a period of 30 days only.

2.2 The Customer offers to enter into an agreement with ITW for the supply of Products in accordance with these Terms and Conditions by placing an

order for Products with ITW. No order for Products is binding on ITW until ITW accepts by providing confirmation of the order in writing. ITW’s

written acceptance of an order, any relevant terms on the quotation made by ITW and these Terms and Conditions alone will constitute the entire

agreement of the parties (Contract) in relation to the supply of Products and may only be varied in writing, signed by the parties or as otherwise

permitted by these Terms and Conditions.

2.3 The Contract sets out the entire agreement and understanding between ITW and Customer in respect of the relevant Products and supersedes all

prior agreements, understandings, representations and warranties (whether express or implied).

2.4 ITW is not bound by any supply agreement, terms or conditions, purchase order or other document issued by a Customer (Customer Document).

The Contract prevails over any terms of a Customer Document, which terms will have no contractual effect.

2.5 No order may be cancelled after acceptance by ITW without ITW’s consent. The Customer indemnifies ITW in respect of all direct and indirect

costs, expenses and losses incurred as a result of the cancellation of an order.

3. PRICES

3.1 Unless otherwise agreed by ITW in writing, the price to be paid by the Customer for Products will be: (a) ITW’s then prevailing price for the supply

of such Products to the Customer; and (b) any applicable taxes or charges (including any goods and services or similar taxes) levied by any

governmental authority upon the supply or use of the Products.

3.2 Unless otherwise specified, prices do not include transportation costs and are exclusive of goods and services tax. Products are supplied exworks.

3.3 If: (a) a raw material, component, or service provider raises its prices, or imposes a surcharge on ITW; or (b) any tax is imposed or increased in

connection with the supply of any Products by ITW (including any carbon or emissions related tax); or (c) ITW otherwise incurs an increase in costs

in supplying Products to the Customer, ITW reserves the right to increase applicable prices and the Customer agrees to accept such price

increase.

3.4 A surcharge may apply to any invoice under the minimum order value of $500 unless otherwise agreed.

3.5 Deliveries will incur a delivery charge unless otherwise agreed by ITW.

4. PAYMENT

4.1 Payment for Products must be made by the Customer to ITW within 30 days from the last day of the month in which the invoice for those products

was issued.

4.2 Payment must be in a form acceptable to ITW and without any deduction, withholding, set-off or counter claim of any nature.

4.3 ITW reserves the right to charge the Customer for reimbursement of all credit card charges, bank charges, merchant fees etc.

5. DELIVERY

5.1 ITW will make all reasonable efforts to deliver the Products to the Customer on the date(s) applicable under a Contract, but shall be under no

obligation or liability to the Customer for failing to do so.

5.2 Delivery shall be effected upon:

(a) delivery of the goods into the custody of the Carrier; or

(b) pick up by Customer; or

(c) physical delivery to the Customer’s nominated carrier; or

(d) if there are subsequent carriers, to the first Carrier.

5.3 Notation by ITW’s carrier on the delivery docket shall be conclusive evidence of delivery. The Customer shall be responsible for any loss or

damage occurring during unloading of the Products at the Customer’s premises.

5.4 If the Customer refuses to accept delivery of Products then the risk in the Products shall pass to the Customer from the time of such refusal. In

such event, ITW may (without limiting any of its other rights) arrange to store the Products at the Customer’s expense.

6. TITLE AND RISK

6.1 Title in and to all Products delivered to the Customer will remain with ITW and will not pass to the Customer until such time as the Products have

been paid for in full.

6.2 Risk in and to Products will pass to the Customer upon delivery of the Products to the Carrier.

6.3 Until ITW has received payment in full for Products:

the Customer holds the Products as bailee for ITW

(a) the Customer shall safely and securely store the Products separately from the other goods on the premises of the Customer in such a manner

as to show clearly that the Products are the property of ITW;

(b) ITW has a security interest in the Products;

(c) the Customer shall, upon request from ITW, deliver up such Products to ITW (or as directed by ITW);

(d) representatives of ITW will be entitled and permitted at any time to enter any place where the Products are situated to repossess the

Products, and to remove the Products from any vessel or vehicle, and for this purpose ITW is hereby appointed as the Customer’s agent. The

Customer agrees to indemnify ITW and keep ITW indemnified against all costs incurred by ITW in removing the Products and against losses,

and liabilities incurred by, and any claims against, ITW in removing the Products and arising from such removal; and

(e) if the Products in part or in full are mixed with the Products that have been paid for, the Customer bears the onus of proving that the Products

in its possession (whether mixed with other goods or not) have been paid for in full by the Customer. If the Customer is unable to prove, to

the satisfaction of ITW that the goods identified as ITW goods have been paid for in full, then those goods shall be deemed to relate to unpaid

invoices outstanding from time to time and are deemed to be the property of ITW. ITW reserves the right to repossess those goods without

having to prove that the goods relate to specific unpaid invoices outstanding at the time of repossession.

7. SECURITY INTEREST

7.1 A term contained in these Terms and Conditions that is defined in the Personal Property Securities Act 2009 (Cth) (PPSA) (but not otherwise

defined in these Terms and Conditions) has the meaning given to it in the PPSA.

7.2 In consideration for ITW supplying Products to the Customer under these Terms and Conditions, the Customer:

a) agrees to treat the security interest created under these Terms and Conditions as a continuing and subsisting security interest in the relevant

ITW Construction Systems

A Division of ITW Australia Pty Ltd

ABN 63 004 235 063

www.itwcsanz.com

Head Office: PO BOX 192, CROYDON VIC 3136

Products with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the Products become

fixtures before paid for in full);

b) grants to ITW a purchase money security interest (PMSI);

c) agrees that the PMSI granted herein will continue to apply to any goods coming into existence or proceeds of sale of Products or goods

coming into existence;

d) agrees that the PMSI has attached to all Products now or in the future supplied to the Customer by ITW; and

e) agrees, until title in the Products pass to it, to keep all Products free and ensure all Products are kept free of any charge, lien or security

interest except as created under these Terms and Conditions, and not otherwise deal with Products in a way that will or may prejudice any

rights of ITW under these Terms and Conditions or the PPSA.

7.3 ITW reserves the right to register a financing statement under the PPSA in respect of the Products. Costs of registering a financing statement (or a

financing change statement) will be paid by the Customer.

7.4 The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is or may be

registered, issued or received at any time.

7.5 The Customer irrevocably grants ITW the right to enter any premises or property (without notice) and without being in any way liable to the

Customer or any other person if ITW has cause to exercise any of its rights under the PPSA (and the Customer will indemnify ITW against any

such liability).

7.6 It is agreed that the Customer hereby waives its rights under such sections of the PPSA as are able to be waived or excluded by agreement,

including the following sections of the PPSA: section 95 (notice of removal of an accession) to the extent that it requires the secured party to give a

notice to the grantor; section 96 (when a grantor may retain an accession); section 123 (right to seize collateral); section 125 (obligation to dispose

of or retain collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by

purchase); section 130 (notice of disposal) to the extent that it requires the secured party to give notice to the grantor; paragraph 132(3)(d)

(contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of

collateral); section 135 (notice of retention); section 142 (redemption of collateral); and section 143

(reinstatement of security agreement).

8. BREACH AND INSOLVENCY

If:

(a) the Customer fails to comply strictly with the terms of a Contract;

(b) an application or order is made, a resolution is made or proposed or other steps are taken for the winding up, dissolution, official management

or voluntary administration of the Customer (other than a voluntary liquidation for the purpose of amalgamation or reconstruction); or

(c) the Customer enters into any arrangement, compromise or composition or assignment for the benefits of its creditors or any class of them;

(d) a receiver, a receiver and manager, administrator or other officer is appointed to the Customer or any part of its property, or a third party

attempts to levy execution against the Customer’s property or the goods;

(e) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its

assets other than in the ordinary course of business;

(f) the Customer is or is deemed (including under any applicable law) unable to pay its debts as and when they fall due, or stops or suspends the

payments of its debts;

(g) in the case of the Customer being a natural person, the Customer commits an act of bankruptcy; or

(h) ITW is of the view, acting reasonably, that any of the above will or are likely to occur,

ITW may (without limiting or otherwise prejudicing any other rights it may have) at any time terminate any and all Contracts between ITW and the

Customer and refuse to supply any and all Products to the Customer. The Customer agrees to indemnify ITW (and keep ITW indemnified) against

loss, cost or expense and other liability (including but not only legal expenses of any nature and payable to or on behalf of any person) suffered or

incurred by ITW in connection with any breach of a Contract by the Customer.

9. CUSTOMER WARRANTIES

9.1 The Customer:

(a) warrants to ITW that it has read and understood these Terms and Conditions;

(b) warrants to ITW that all information supplied by or on behalf of it to ITW in connection with the supply of Products is true and accurate and not

misleading;

(c) warrants that it has not relied on any representation or statement made by or on behalf of ITW in connection with the supply of Products that

has not been clearly and expressly stated in the Contract;

(d) acknowledges that ITW has relied on the information supplied by or on behalf of the Customer to it in supplying the Products; and

(e) warrants that the supply of the Products by ITW to the Customer, and the use of Products by the Customer, will not make ITW liable to any

prosecution, claim or other action under any applicable law.

9.2 The Customer indemnifies ITW and holds ITW harmless against all fines, penalties, damages, loss, costs or expenses (including but not only legal

expenses of any nature and payable to or on behalf of any person) suffered or incurred by ITW in connection with any breach of the warranties of

the Customer set out in these Terms and Conditions.

9.3 Without limiting the liability of the Customer under the indemnity above, ITW may at its sole discretion by itself or in conjunction with the Customer

defend, settle or compound any action, suit, proceeding, claim or demand brought or made against it by any person in connection with any breach

of the warranties given by the Customer under these Terms and Conditions and the Customer agrees that the indemnity extends to any cost or

expense incurred by ITW in conducting that defence or in settling or compounding the action, suit, proceeding, claim or demand.

9.4 ITW reserves the right to refuse to do or to omit to do anything, or to refuse to comply with any request or direction of the Customer, which in the

reasonable opinion of ITW would constitute or result in a breach of any warranty given by the Customer under these Terms and Conditions or a

breach by the Customer of a Contract.

10. INTELLECTUAL PROPERTY

10.1 All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights and other information or industrial or

intellectual property disclosed or otherwise provided to the Customer by ITW or otherwise subsisting in the Products and all rights therein

(collectively Intellectual Property) will remain the property of ITW and will be kept confidential by the Customer. The Customer shall have no

claim to, nor ownership interest in, any Intellectual Property. The customer acknowledges that no license or rights of any sort are granted to the

Customer in respect of any Intellectual Property, other than the limited right to use Products purchased from ITW for the purpose they are supplied

by ITW.

10.2 The Customer warrants that any Products manufactured, constructed or supplied by ITW which are based in whole or in part upon designs,

drawings, specifications or information supplied to ITW by or on behalf of the Customer shall not infringe any letters, patents or registered designs

or any other industrial or intellectual property rights of any person.

11 CONFIDENTIAL INFORMATION

11.1 All information furnished or made available by ITW to the Customer in connection with the subject matter of these Terms and Conditions or the

supply of Products shall be held in the strictest confidence by the Customer. The Customer agrees not to use such information or disclose such

information to others without ITW’s prior written consent. The obligations in this paragraph will not apply to any information which:

(a) at the time of disclosure was or thereafter becomes, generally available to the public by publication or otherwise through no breach by the

Customer of any obligation herein;

(b) the Customer can show by written records was in the Customer’s possession prior to disclosure by ITW; or

(c) is legally made available to the Customer by or through a third party having no direct or indirect confidentiality obligation to ITW with respect to

such information.

12 CLAIMS AND RETURNS

(a) Examination of the Products shall be made by or on behalf of the Customer, and unless within 7 business days of delivery of the Products, the

Customer gives written notice that the Products do not comply with the applicable Contract, the Products shall be deemed to have been in all

respects supplied in accordance with the relevant Contract, and the Customer shall be bound to accept and pay for the Products accordingly.

(b) Claims by the Customer in respect of Products which have not been supplied in accordance with the relevant Contract will only be considered

by ITW if: (a) the claim is made within 7 business days of the date of delivery of the Products; (b) representatives of ITW have been afforded a

reasonable opportunity to inspect the Products; and (c) the Products are subsequently returned to ITW as directed by ITW.

(c) ITW is not obliged to accept any return of Products that have been supplied (or are deemed to have been supplied) in accordance with the

relevant Contract. Even if ITW determines that it will accept a return of Products in those circumstances: (a) ITW is not obliged to accept any

Products which have been used, damaged or altered in any way; (b) all Products must be returned in their original packaging; (c) Products

returned will be subject to 20% handling and restocking charge or as determined by ITW; and (d) Products are to be returned at the

Customer’s expense.

(d) Acceptance of Products returned does not imply agreement to issue a credit note.

(e) A credit note will be issued by ITW only after Goods returned are either collected by ITW authorized representative or agent or returned to it

by the Customer as set out above.

(f) The Customer shall not deduct the amount of any anticipated credit from any payment due to ITW but must await receipt of a credit note.

(g) Delivery charge and small order surcharge will not be credited.

(h) If the Customer is a Consumer for the purposes of the Australian Consumer Law (as contained in Schedule 2 of the Competition and

Consumer Act 2010 (Cth)), nothing in the Contract (including this clause 12 and clause 13) will be construed as being contrary to the

provisions of the Australian Consumer Law and ITW acknowledges that:

ITW’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a

replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is

also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a

major failure.

13 LIMITATION OF LIABILITY

13.1 ITW will not be responsible for any failure to supply Products on the date agreed between the parties and the Customer is not entitled to cancel any

order as a result of that failure.

13.2 Except as expressly provided to the contrary in writing by ITW in a Contract: (a) ITW gives and makes no warranty or indemnity in respect of the

Products; and (b) all conditions and warranties implied at law (whether by statute, common law, equity or otherwise) are (to the extent permitted by

law) expressly excluded from the Contract.

13.3 If any statute implies any term, condition or warranty into a Contract, and that statute prohibits provisions in a contract excluding or modifying the

application of, exercise of, or liability under, such a term, condition or warranty, then that term, condition or warranty will be taken to be included in

the Contract. However, the liability of ITW for any breach of such a term, condition or warranty will be limited, if permitted by the statute, at the

option of ITW, to any one or more of the following:

(a) if the breach relates to goods:

i. the replacement of the goods, the supply of equivalent goods or the repair of the goods; or

ii. to the extent required by the relevant statute, the payment of the cost of replacing the goods or of acquiring equivalent goods or the cost

of having the goods repaired; and

(b) if the breach relates to services:

i. the supplying of the services again; or

ii. to the extent required by the relevant statute, the payment of the cost of having the services supplied again.

13.4 To the extent permitted by law, and except as otherwise expressly agreed in writing by ITW as part of a Contract, ITW will not be liable for any

personal injury, incidental damages, consequential losses, loss of profit, costs of business interruption, loss of opportunities or any other loss,

damage, cost, expense or liability whatsoever arising from any use of, or incidental to, the Products or their use, or arising out of ITW's negligence

or breach of a Contract.

13.5 The Customer agrees that any legal costs incurred by ITW (on a solicitor and own client basis) in the recovery of any monies due by the Customer

shall be recoverable in full from the Customer.

14 EXCUSABLE DELAYS

(a) ITW shall not be liable for any failure to comply with a Contract when such failure is caused by or arises out of any of the following: (a) fire,

storm, tempest, earthquake, inevitable accident or other act of God; (b) any act of public enemy; (c) any act of any government or any

government authority or instrumentality; (d) any act of any person engaged in subversive activity or sabotage; (e) epidemics or quarantine

restrictions; (f) strikes, slow-downs, lockouts or labour stoppages or disputes of any kind or freight embargoes; (g) any shortfall, delay or

failure to supply by any of ITW’s suppliers; or (h) any other cause or event whatsoever which is beyond the control and without the fault or

negligence of ITW.

(b) In the event of a failure by ITW to comply with a Contract, unless ITW advises the Customer that it is able to make alternative arrangements,

the Customer shall be entitled to obtain the Products contracted for supply elsewhere for the duration of such failure.

15 CUSTOMER’S TRUST

If the Customer enters into this Agreement as trustee of a trust (“Trust”), the Customer:

a) Confirms that it enters into this Agreement as trustee of the Trust both for its beneficiaries and for itself and in this Agreement, each reference

to the Customer is a reference to it in each capacity; and

b) Warrants to the Supplier that:

i. It is the only trustee of the Trust;

ii. No action has been taken or proposed to remove it as trustee of the Trust;

iii. It has power under the trust deed relating to the Trust to enter into and observe the Customer’s Covenants;

iv. It has a right to be fully indemnified out of the trust fund of the Trust in respect of its obligations to perform and observe the Customer’s

Covenants;

v. The assets of the Trust are sufficient to satisfy the Supplier’s right of indemnity out of the Trust Fund;

vi. It is not in default under the terms of the Trust; and

vii. The Supplier’s Rights rank in priority to the interest of the beneficiaries of the Trust.

16 GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia (regardless of the place

in which the Products are to be delivered). The Customer submits to the jurisdiction of the courts of the State of Victoria and of the courts

competent to hear appeals from the courts of that State.

17 VARIATION

(a) The Customer acknowledges that these Terms and Conditions are available via ITW’s website: www.itwcsanz.com and may change without

notice.

(b) The Customer’s continued purchase of Products will evidence consent to the new terms and conditions as amended in accordance with clause 17(a)

 

 
Disclaimer

Miska™ has made every reasonable attempt to ensure the accuracy of the information displayed. However, it does not guarantee the information is complete, correct,
 
 or up to date and he information is subject to change without notice.

In no event shall Miska™ be liable to any person under any law for any loss or damage related to any information on the site or the site itself.

Privacy Policy

 

“ITW Australia Pty Ltd” trading as “Miska” (ABN 48 004 297 009) (the “Company”) respects your personal privacy and is committed to adhering to all applicable privacy laws and industry guidelines in order to protect you and your identity, including the National Privacy Principle set out in the Privacy Act 1988 (Cth).  This privacy policy (“Privacy Policy”) describes how we handle the personal information that you provide to us on this site (the “Company Web Site” or the “Web Site”).  This Privacy Policy applies only to the Company Web Site, not to any other Company, affiliate or third party sites that may be accessible from here.                     

In this Privacy Policy, “Personal Information” means information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion, such as a person’s name, address, phone number, fax number, e-mail address and date of birth.

After reading this Privacy Policy, which is incorporated into and is a part of the Web Site’s Terms & Conditions, you will know:

1)  What Personal Information the Company collects from you
2)  How the Company uses your Personal Information
3)  How the Company discloses your Personal Information
4)  How the Company protects your Personal Information
5)  How the Company treats the Personal Information of job applicants and employees
6)  How to access and correct your Personal Information
7)  How you can contact the Company

Please be sure to read this Privacy Policy before using the Web Site or submitting information to us, because by using any part of the Web Site, you accept and agree to our privacy practices.  If you do not agree with our practices, your ultimate choice is not to use the Web Site.  Our Privacy Policy may change from time to time and your continued use of the Web Site (following the posting of the revised Privacy Policy) is acceptance of such changes, so please check this area periodically for updates.  If you are unwilling to accept the terms and conditions of this Privacy Policy, you should exit the Web Site.


1. PERSONAL INFORMATION THE COMPANY COLLECTS FROM YOU

The type of Personal Information the Company collects about you will depend on how you use the Web Site.  For example, Personal Information is collected when you:
• register a product
• upload a submission on the Web Site;
• provide comments or request information;
• enter a competition or participate in a promotion; or
• register or subscribe for, or contribute content to, any other services available through the Web Site from time to time.

If you direct comments to us or request information from us, we may ask you to verify where you are doing business so that we can be assured that the response or information we provide is appropriate for that geographic location.

If we are not able to collect your Personal Information, we may not be able to provide our products or services to you (except in cases where we have indicated that the provision of that information is optional).

If, at any time, you provide Personal Information about another person, you warrant that you have made that person aware of this Privacy Policy and the Terms & Conditions and that you have obtained that person’s consent to provide his or her Personal Information to us for the purpose specified.

Third Party Web Sites
The Company does not have control over the privacy policies applied by any other party that you may disclose information to.  Third party sites that are linked to from the Web Site are not under the control of the Company and we are not responsible for their content or privacy policies.  When you follow a link and leave this Web Site, you do so at your own risk.  If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.

Other Information Collected Through Our Web Site
As you navigate through a web site, certain information can be collected automatically (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.  Like most web site operators, we track IP addresses, use both session and persistent cookies, and assign Internet tags.  Our system also automatically gathers information about the areas you visit on the Web Site and collects operational information about the technology you use, such as your browser, type of computer, operating systems, Internet service providers and the domain name of the web site from which you linked to our Web Site.

In addition, when you view the Web Site, we may store some information on your computer.  This information will be in the form of a cookie or similar file and will help us in many ways.  For example, cookies allow us to tailor the Web Site or advertisements to better match your interests and preferences.  Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.  If you do so, please note that some parts of the Web Site may then be inaccessible or not function properly.  Please refer to your browser instructions or help screen to learn more about these functions.

The Company does not collect Personal Information automatically, but we may tie information collected automatically to your previously submitted Personal Information.  Information combined in this way will become Personal Information and will be governed by the provisions of this Privacy Policy.
We automatically collect information to understand what areas of the Web Site are most popular, which areas may require improvement and what technologies are being used by our visitors.  This information helps us to update and improve the Web Site.  We also use this information for security purposes, to help us detect and block security breaches.  We also reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with this Web Site, or where we are otherwise required or authorised by law to do so.

 2. HOW THE COMPANY USES YOUR PERSONAL INFORMATION

We use the Personal Information collected through this Web Site for the purposes for which it was collected and for any other purposes explained at the time of collection or included any additional terms and conditions applicable to the particular feature of the Web Site, including:
• to register products;
• to provide customer support;
• to respond to comments or requests for information;
• to enhance the operation of the Web Site and allow you to use all of its features;
• to investigate any complaints made by or about you, or if we have reason to suspect that you are in breach of our Terms & Conditions or have been engaged in any unlawful activity; and
• for other purposes required or authorised by or under law, including purposes for which you have provided your express or implied consent. We may also use the Personal Information collected through this Web Site to tailor the advertising that is presented to you on this Web Site.

Public Material posted by Members
This Web Site may offer services that allow users to submit, upload, post or transmit content or material that may be accessed and viewed by the general public on the Internet (“Public Material”).  You acknowledge that anything you post onto this Web Site using those services may appear elsewhere on the Internet and may remain on the Internet, and you accept that the Company cannot guarantee that the Public Material will not appear elsewhere, be copied, downloaded or used otherwise.  If you have any concerns about your Personal Information being published in this way, you are advised not to include any Personal Information in the Public Material you post, or not to use these services.  You should refer to the Terms of Use [hyperlink] for the terms governing the submission of Public Material.

Product and Service Offers
From time to time we may use your Personal Information to send you information about the Company's products and services (unless you have previously opted out of receiving such information from us).  You can let us know at any time if you no longer wish to receive this information by contacting us (our details are provided at the end of this Privacy Policy). Your consent to receiving these communications will remain current until you advise us otherwise.

Spam Act and Do Not Call Register
We will not send you any commercial electronic messages such as SMSes or emails unless this is permitted by the Spam Act.  Any commercial electronic message that we send will identify the Company as the sender and will include our contact details.  The message will also provide an unsubscribe facility.  Similarly, we will not call you on a number listed on the Do Not Call Register unless this is permitted under the Do Not Call Register Act and related instruments.


 3. CHOICES YOU HAVE ABOUT HOW THE COMPANY USES YOUR INFORMATION

We may disclose your Personal Information:
• For the purposes for which it was collected; and
• For the purposes set out in Section 2 above

Personal Information may be disclosed to:
• The Company’s related bodies corporate (both in Australia and overseas);
• The general public (both in Australia and overseas) as a result of publication of Public Material on the Web Site;
• The Company’s contracted service providers, including, but not limited to:
        - Website developers, information technology and security providers;
        - Database management and data processing analysts;
        - Creative, promotional and market research agencies;
        - Mailing houses, freight and courier services providers; and
        - External business advisors (such as accountants, auditors, recruiters and lawyers).

The third parties identified above may provide the Company with Personal Information they have collected from you for the purposes set out in this Privacy Policy.  Any Personal Information collected from third parties will be used and disclosed in accordance with this Privacy Policy.

We may provide aggregate statistics about our customers, sales, online traffic patterns and related information to third parties, but these statistics will not include any Personal Information.

4. HOW THE COMPANY PROTECTS YOUR INFORMATION

We take reasonable steps to ensure that the Personal Information we collect, use and disclose is accurate, complete and up to date.  You can help us by letting us know about any changes to your Personal Information, such as your email address or phone number.

We also take reasonable steps to protect the Personal Information that we hold from misuse and loss and from authorised access, modification or disclosure.  For example, we use both technical and procedural methods to maintain the integrity and security of our databases, including the use of firewalls.

The safety and security of your information also depends on you.  If you have access to password-protected features, never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of the Web Site before you leave your computer.

If you are concerned about sending your Personal Information over the Internet, you can contact us by telephone, email or post (our details are provided at the end of this Privacy Policy).

Once Personal Information is no longer needed for any purpose that is permitted by the Privacy Act, we will take reasonable steps to destroy or permanently de-identify it.


5. HOW THE COMPANY HANDLES THE PERSONAL INFORMATION OF JOB APPLICANTS AND EMPLOYEES

Any Personal Information provided to us in connection with job applications may be used to consider the applicant for current and future employment and may be disclosed to our external advisors to assist us in the selection and recruitment process.  If your application for employment is successful, we will rely on the exemption in the Privacy Act relating to employee records where applicable.


6. HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION

Please contact us if you would like to access or correct the Personal Information that we hold about you.  Our details are provided under the following heading.  We will generally provide access or make corrections, although we may charge a fee to cover our costs of providing access to you.  In some circumstances, we may not permit access to your Personal Information, or may refuse to correct your Personal Information, in which case we will provide you with reasons for this decision.
 

7. HOW YOU CAN CONTACT THE COMPANY

If you have any questions, comments or concerns about this Privacy Policy or the information practices of the Web Site,
please contact us at:
Miska Pty Ltd
21 Steel Place, Morningside, Queensland 4170
Ph: 1300 326 539  Fax: 07 3217 9114