Terms & Conditions
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using ("the Site") operated by Simmons Enterprises Pty Ltd ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.pollenguard.com.au. By accessing or using the Site in any manner, including, but not limited to, visiting, purchasing or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized persons or employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Basis Of Sale
The Company shall sell and the Customer shall purchase the Goods and/or Services in accordance with any written Order of the Customer which is accepted by the Company, subject to the Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. No variation to the Conditions shall be binding unless agreed in Writing by an authorised representative of the Company. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents is followed or acted upon entirely at the Customer's own risk. The Company shall not be liable for any advice or recommendation as to the application or use of the Goods which is not confirmed in Writing by the Company. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.In order to enter into a contract to purchase products from us, you will need to take the following steps:·
a) You must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout. Or place a manual order.
b You will be transferred to PAYPAL website, and they will handle your payment. Once you have paid, you have automatically agreed to the Terms and Conditions mentioned here within.
c) We will then send you an initial acknowledgement.
d) Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract and you have ) or we will confirm by email that we are unable to meet your order.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the contents of the shopping cart or invoice provided to you. You may correct those input errors before placing your order by editing the shopping cart and updating your changes or advise if changes are made to your invoice before making your payment.
Payment & Price
Paypal, bank transfers amd major Credit/Debit Card are all acceptable methods of payment at current. Our Terms are payment in full before goods are dispatched. Prices for products are quoted on our website or orderform . You may have to pay a delivery charge which will be as stated when you pay for the product.Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. GST will be calculated upon check out. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
We will arrange for the products to be delivered to the address for delivery indicated in your order.We will use reasonable endeavours to deliver products within 4-10 working days of the date of our order confirmation . However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 7 days after receipt of payment. We will only deliver product within Australia and by registered post or by courier.
Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) Delivery of the products; and
(b) Receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, you will store the products separately from other goods, will ensure that the products are clearly identifiable as belonging to us, and you will ensure that they are properly stored in a safe, dry and clean environment.We will be entitled to recover payment for the products even where ownership has not passed to you.
Warranties and Liability
We offer a Limited 3 year Warranty for 4Plus and Poll-Tex Screens and the warranty covers “only” manufacturing defects of the material. Improper claims may incur fees and charges. Supplier warrants that the products sold shall be free from defects in material and workmanship. The words “defects” as used in this warranty is defined as imperfections which impair the utility of the product. Routine service & maintenance would include keeping the Screens free of dirt. The words “routine service & maintenance” as used in this warranty is defined as “the maintenance required by the customers” . (See each Product Page for maintenance instructions)
The warranty does not cover damages to the product caused by improper installation, operation, storage, cleaning, misuse, accidents, intentional human acts, negligence or acts of God. In addition, this warranty does not apply to any Supplier products used in commercial applications without the company’s express written consent.
1. The 4 Plus screen not intended for using a high traffic area.
2. The 4 Plus & Poll-Tex are not designed for extreme weather conditions.
3. The 4 Plus & Poll-Tex are not designed or intended to act as a security device or to prevent access by any individual, small children or animals.
4. Supplier does not warrant that the products meet the requirements of any safety code of any state, municipality or other jurisdiction.
The Company warrants that the Services by Pollen Guard directly, ( excluding third party Installers or distributors ), will be carried out with reasonable skill and care. We do not warrant the product if installed by a third party. The Company shall be under no liability:
a. in respect of any defect in the Goods arising from any drawing, design, instructions or specification supplied by the Customer;
b. in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, improper storage, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company's approval;
c. where the Goods have not been installed in accordance with all installation instructions provided by the Company;
d. under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
e. The above warranty does not extend to parts, materials, equipment, components or other products not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
f. The above warranty does not extend to any loss or damage sustained in transit.
g. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
h. Where any valid claim is notified to the Company in accordance with the Conditions the Company shall be entitled to repair or replace the Goods (or the part in question) and/or carry out corrective installation services free of charge or, at the Company’s sole discretion refund to the Customer the price of the Goods and/or Services (or a proportionate part of the price) and the Company shall have no further liability to the Customer.
i. The Company’s liability for damage to tangible property resulting from breach of contract and/or any negligent act or omission of the Company or its employees, agents or sub-contractors shall be limited to $5,000,000 in respect of any one incident.
j. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation or any other claims for indirect or economic loss whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with any Order for the supply of the Goods and/or the provision of the Services.
k. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods and/or Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.
Termination of Services and Refunds
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
No refunds are issued once the screen has been used, open, or cannot be re-sold as new.
Except where Goods shall be entitled to a warranty claim, the Customer shall not be entitled to return Goods unless the Company has given its prior consent in Writing.
Unless otherwise stated, the services featured on this website are only available within Brisbane and Gold Coast Regions at present. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the products and information provided through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Queensland, Australia govern these terms and conditions. By accessing this website and using our service and buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the Queensland courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
Contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
Pollen Guard is registered in Queensland, Australia and is a subsidiary of Simmons Enterprises Pty Ltd, ABN 4015 7834 574 and registered at address 1 Vasey Court , Upper Coomera 4209, Queensland, Australia.
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
a) Does not claim to treat, cure, or prevent any disease or illness.
b) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), or any other direct or indirect, consequential and incidental damages, including death or personal injury caused by negligence.
Information contained on this website is suppose to be general in nature and is not meant to substitute the advice provided by health professional.
c) Product information is provided by the manufacturer and independent research should be conducted before deciding to purchase.We cannot and do not take responsibility for the collection or use of personal data from any third party site. In addition, we will not accept responsibility for the accuracy of manufacturer claims.
All Distributors will be required to order via EMAIL ONLY with the same terms and conditions mentioned herewithin.
If you have any concerns about material which appears on our site, please contact us at info (at) pollenguard.com.au
Thank you for visiting our site.
© Pollen Guard 2014 All Rights Reserved