Agreement

1. These terms apply to our supply of the goods to you specified on your selection on the order form on our website (“Order Form”).
2. You acknowledge and agree that the quote provided on the Order Form is valid for fourteen (14) days from the date of its generation and may be subject to changes thereafter.
3. When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
4. In the event that you have pre-ordered the goods and stock of the goods is not available within six (6) months from us accepting your order, upon your written request, we agree to provide you with a refund for the monies described in clause 29(a).
5. You agree that our obligation to provide the goods to you commences upon full payment of the goods.
6. Notwithstanding any clause to the contrary in this agreement, you agree to not sell the Goods to a third party and warrant to only use the Goods for its intended purpose

Website Terms of use

7. We grant you a non-exclusive licence to use our website and access the information available from our website, for the purpose of accessing our goods and services. By accessing or using our website, you understand,
affirm and agree that:
a. the data and information on our website is provided to you in good faith for informational and contact purposes only;
b. your use of our website and your use and ordering of our services is subject to our Privacy Policy;
c. we do not endorse the services, products or offering of any individual, firm or company that may be referred or introduced to you by us via our website;
d. the posting of any content does not constitute any offer or supply of
goods, products or services by us to you;
e. we do not make any representations or warranties in relation to the website content and in particular as to whether it is reliable, accurate, up to date or complete;
f. we do not warrant that the website will be uninterrupted, timely, secure, or error-free; and
g. if you use a link to our website, you will include on your own website any disclaimer, notices or pop up pages that we may require in order to advise users that they are being redirected to our website.
8. You agree to not use the website:
a. for any purpose that is unlawful or prohibited by these terms and conditions;
b. in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of our website;
c. to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
d. to attempt to obtain any materials or information through any means not intentionally made available through our website;
e. to impersonate any person or entity; or
f. to submit through any online form or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unless expressly authorised to do so.

Website Security

9. We do not guarantee that information transmitted over the internet is completely secure. When you send us information, you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.
10. Your use of our website is at your own risk. We do not guarantee that our website is free from viruses, or that access to our website or services will be uninterrupted. You should ensure that your equipment is protected from
viruses and any other interference that could damage your equipment.

Third Party Websites

11. Our website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services offered on those websites.
12. To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services offered on any third party website or any information appearing on any
website we may offer.
13. We may receive payments from third parties in relation to goods, services or information supplied or received as a result of users and third parties accessing any links to third party websites contained in our website.
14. Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party website.

Privacy

15. When you use our website or services, we may collect personal information about you including your payment details. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a
general rule, we only collect such information which is necessary for us to involve you in our programs, provide our services, contact you or otherwise to maintain our relationship with you.
16. Our Privacy Policy sets out how we collect and deal with personal information generally, including our use of cookies on your device(s). Please refer to our Privacy Policy for details on how we may use cookies on our website.
17. Our Privacy Policy forms part of these terms and conditions, and if inconsistent with these terms and conditions, these terms and conditions will take precedence.
18. By using our website or services, you acknowledge and agree with our Privacy Policy, and consent for us to collect and disclose your personal information as necessary to provide you access to the website or services.

Placement of Orders

19. You must order the goods from use through the website Order Form.
20. You must specify the quantity of Goods that you require us to supply.
21. We reserve the right to decline any orders received within three days of receipt of order by way of written notice.
22. Any order not declined binds the us to this agreement.

Delivery of Orders

23. We will to our best endeavours deliver your order to the delivery location specified on the Order Form.
24. Where the Good are available for delivery and not a pre order (as may be referenced on the Order Form), we agree to dispatch the Goods to you within fourteen (14) days of full payment of the Goods.
25. You acknowledge and agree that in the event you have pre-ordered the Goods, we will notify you when the Goods are ready for delivery and then request from you payment of the balance of any amounts not paid for the Goods. We agree to dispatch the Goods to you within fourteen (14) days of receiving full payment.
26. We will to our best endeavours deliver your order by a mutually agreed upon date.

Payment of the Fees

27. Price means the amount agreed between us as specified on the Order Form.
28. In the event the Goods are not a pre-order, you must pay the Price on the payment terms as follows:
a. 50% of the Price upon your acceptance of this agreement; and
b. the remainder upon notification that the Good are available for delivery.
29. In the event the Goods are pre-ordered, you must pay the Price on the payment terms as follows:
a. 50% of the Price upon your acceptance of this agreement; and
b. the remainder upon notification that the Goods are available.
30. If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day. Your observation of agreed time frames is of primary importance.
31. Unless we otherwise agree to you paying by instalments, payment is a condition precedent to delivery of the goods.

Risk and Title

32. Subject to clause 35, title in the goods does not pass to you until we have received payment in full.
33. The title to the goods upon delivery to you, your nominated agent or courier will be free of any encumbrances and all other adverse interests.
34. To protect our security interest in the goods until payment we may choose to register this agreement under the Personal Properties Securities Act 2009. You agree to do all things necessary to facilitate such registration.
35. If we provide to you any materials or deliverables, then risk passes to you at the time we send or deliver to you the materials or deliverables.

Intellectual Property

36. You agree we retain ownership of all intellectual property rights in respect of the goods including any copyright, patent, trade secrets or trade marks. You agree not to disclose any discovery, design, procedure, invention or
improvement in procedure made known to you by us in relation to the goods.
37. You confirm that at all times it is and was understood and agreed, we would own all rights in respect of the goods arising under the Copyright Act 1968.
38. In consideration for payment of the fee to us, we grant you a non-exclusive, perpetual license to use the goods for personal or business purposes as agreed. You agree that you cannot license, transfer or sell the materials or
deliverables to a third party, unless agreed by us in writing.

Exclusive Agreement

39. Notwithstanding any other clause in this agreement, you agree that you must not engage any other party to provide similar goods, unless agreed by us in writing.

Limitation of Liability

40. We disclaim all and any warranties, not required by law, whether express or implied including but not limited to warranties as to merchantability and fitness for a particular purpose of the goods.
41. Acceptance of the goods must take place immediately following delivery and is established if you signify by words or conduct that the goods are conforming or if you retain them in spite of their nonconformity.
42. You understand and agree to use the goods in a manner that is fit for the purposes of the of the goods and in alignment with any instructions provided with the goods. In the event you do fail to use the goods in a manner that is fit for the purposes of the of the goods and in alignment with any instructions provided with the goods, you agree that we will not be liable for any damages incurred by you.
43. You may reject them on good grounds after a reasonable opportunity to inspect them. The rejection must be communicated to us within forty-eight (48) hours including full particulars of the nonconformity. On acceptance if
payment arrangements are in place, then they must be honoured. If payment has been made, then it will either be refunded by us or credited towards payment of replacement goods for the nonconforming goods.
44. In the event you suffer any loss or damage howsoever arising as a result of the goods not being fit for purpose, then you agree that our liability is limited to the replacement of the goods and is not to include economic or
consequential damages of any nature.
45. You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are correct and that you have not failed to disclose to us
anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse e􀆯ect on performing your obligations under this agreement.
46. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements.

Termination

47. Subject to clause 48, this agreement will terminate on the upon delivery of the goods unless otherwise agreed between the parties.
48. You agree that this clause 48 and the clauses, within the following clause headings, survive the termination of this agreement and remain enforceable:
a. Intellectual Property;
b. Limitation of Liability;
c. Default; and
d. General.
49. Notwithstanding any other clause in this agreement, we may terminate this agreement at any time by providing you with 30 days written notice.

Default

50. You will be in default if you do not pay us when monies are due for payment or fail to comply with any other obligation under our business arrangements.
51. If you are in default under our agreement, we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 5 business days to rectify the default.
52. If you do not comply with the default notice, then we may terminate the agreement with immediate e􀆯ect and you become immediately liable to pay us all monies owing with interest on that amount from the due date until payment at the rate of 10% per annum. This is calculated daily.
53. You agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you if any and indemnify us against any losses resulting from the default.

Special Conditions

54. In the event a special condition is agreed upon in writing between the parties, both parties agree that the written special condition takes precedence over any contrary provision in this agreement.

General

55. Notices must be in writing and be sent by Express or Registered Post with delivery confirmation to the address of the recipient or by facsimile transmission or email with receipt confirmation.
56. The law of Western Australia governs this agreement. We submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.

PRIVACY POLICY

PORTMAN INDUSTRIES PTY LTD ACN 664 350 645

1. Protecting your privacy
This privacy statement provides information about the personal information that we collect, and the ways in which we use that personal information.
Your privacy is important to us. We comply with the Privacy Act 1988 (Privacy Act) when we handle personal information. The Privacy Act contains 13 Australian Privacy Principles (APPs) which provide the rules for how we must handle your personal information, including how you can request access to, and correction of, that information. Detailed information on the Privacy Act and the APPs can be found on the
website of the Office of the Australian Information Commissioner (OAIC).
We will only use or disclose personal information we hold about you in accordance with
this Privacy Policy or as otherwise notified to you.

2. Meaning of words
In this Privacy Policy:
(a) “you” refers to:
(i) any individual who uses the Website;
(ii) any entity which uses the Website;
(b) “Corporate User” refers to any entity that provides you with access to the Website;
(c) “related body corporate” has the meaning given in the Corporations Act 2001 (Cth);
(d) “we”, “us” and “our” refer to Portman Industries Pty Ltd ACN 664 350 645 and any of its related bodies corporate to which it says that this Privacy Policy applies;
(e) “Website” means www.benstop.com.au; and
(f) the singular includes the plural and vice versa.

3. Your personal information
“Personal information” is information about an individual who is either identified in the information or their identity can be ascertainable from it. It includes information and opinions obtained from the individual or from a third party. When you use the Website, your personal information is collected and held by us and may be made available to the Corporate User. Your personal information that is obtained by the Corporate User via the Website must be collected and held in accordance with this Privacy Policy.

4. How your personal information is used
(a) We do not ordinarily collect any information about you except where you provide it to us, or it is provided to us with your consent. In general, we do not use or disclose personal information collected about you other than for:
(i) a purpose set out in this Privacy Policy;
(ii) a purpose you would reasonably expect;
(iii) a purpose required or permitted by law; or
(iv) a purpose otherwise disclosed to you or for which you have consented.
(b) Your personal information may be used by us and a Corporate User to:
(i) verify your identity;
(ii) price and design products and services;
(iii) assist you to subscribe to products and services;
(iv) provide the products and services you require;
(v) provide you access to the Website;
(vi) notify you of new or changed services;
(vii) arrange for the products and services you require to be provided by third party service providers;
(viii) manage our relationship with you;
(ix) administer, improve and manage their products and services, including charging, billing and collecting debts;
(x) conduct appropriate checks for credit-worthiness and for fraud;
(xi) research and develop our products and services;
(xii) research and develop a Corporate User’s products and services;
(xiii) gain an understanding of your needs in order to provide you with a better service and products;
(xiv) assist with the resolution of technical support issues or other issues relating to the Website and our services and products;
(xv) carry out marketing or training;
(xvi) comply with the laws and regulations in applicable jurisdictions; and
(xvii) maintain and develop their business systems and infrastructure.

5. Disclosures of personal information
We may exchange your information with our related bodies corporate. We and our related bodies corporate may use this information for any of the purposes mentioned in section 4. We may also disclose personal information about you, as appropriate, to:
(a) our Corporate Users and their employees, assignees, agents, referred service providers, contractors and external advisers;
(b) our employees, assignees, agents, referred service providers, contractors and external advisers;
(c) organisations which verify your identity;
(d) your agents, advisers, referees, executor, administrator, trustee, the beneficiary of any trust of which you are a trustee, your guardian, attorney or franchisor;
(e) law enforcement, regulatory and government bodies;
(f) anyone who introduces you to us;
(g) your and our auditors, insurers or prospective insurers and their underwriters;
(h) any person we consider necessary to execute your instructions; and
(i) other organisations (and their agents) with whom we have arrangements for the supply and marketing of our respective products and services, unless you ‘opt out’ of marketing (see below). From time to time we may send your information overseas, including to overseas service
providers or other third parties who operate or hold data outside Australia. Where we do this, we make sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.

6. Marketing ‘opt out’
If at any time you do not wish to receive further marketing information, you may ask us not to send you any further information about services and not to disclose your information to other organisations for that purpose. You may do this by contacting us at info@portmanindustries.com.au.

7. Personal information about third parties
If you provide us personal information about another person, you represent that you are authorised to do so and you agree to inform that person who we are, that we will use and disclose their personal information and that they may access any personal information we hold about them. You should also refer them to this Privacy Policy which applies to their personal information.

8. Maintaining the accuracy of your information
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.
If you believe that personal information that we hold about you is inaccurate, incomplete or out of date, please contact us at info@portmanindustries.com.au and we will take all reasonable steps to correct the information.

9. Accessing your personal information
You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to do so, please let us know by contacting us at info@portmanindustries.com.au. You may be required to put your request in writing for security reasons. We may also charge a fee for giving you access to your personal information and will try to deal with your request within a reasonable time.

10. Security & the internet
We maintain strict procedures and standards and take all reasonable steps to prevent unauthorised access to, or unauthorised modification or disclosure of, your personal information and to protect it from misuse or loss. However, we do not guarantee that information sent over the internet is secure.

11. Cookies on our website
We may use cookies on our Website. A cookie is an industry standard and is a small text file that our Website may place on your device(s). Usually, cookies are used as a means for software applications to remember your preferences. As such, cookies are designed to improve your experience of the applications. Cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can adjust your device settings to disable cookies or to warn you
when cookies are being used, however this may affect the availability and functionality of the services offered through the Website.

12. Changes to this Privacy Policy
This statement sets out our current Privacy Policy. It replaces any other Privacy Policy which we have previously issued. We may amend this Privacy Policy at any time. Our current Privacy Policy is available from our Website or by contacting us at info@portmanindustries.com.au.

13. Contacting us
If you have any questions regarding this Privacy Policy please contact us at info@portmanindustries.com.au.