TERMS AND CONDITIONS

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Disclaimer

Whilst CAPS Australia Pty Ltd takes reasonable care in creating the information on this website, this website and its contents may contain errors, faults and inaccuracies, and may not be complete or current.

Accordingly, use of this website is entirely at your own risk, and we make no representation or warranty of any kind, express or implied, as to the operation of this website, or as to the information, content, materials, suppliers or products included on this website.

Subject only to any responsibility or liability implied by law which cannot be excluded, we are not liable to you for any losses, damages, liabilities, claims and expenses whatsoever relating to or arising out of information, materials or services provided on or through our website. Where any responsibility or liability cannot by law be excluded, our liability is limited, to the extent possible, to the supply of the goods or services again, the repair of goods, or the payment of the costs of having the goods or services repaired or supplied again.

Neither CAPS Australia Pty Ltd nor the registered proprietor of CAPS Australia Pty Ltd, nor any of their respective affiliates, directors, officers, employees, agents , contractors, successors or assigns shall be liable for any loss or damage whatsoever arising out of, or in any way related to, the use of or reliance upon this website, and any other website linked to this website, including any direct, indirect, consequential, special, punitive or other damages that you or others might suffer, including but not limited to damages for loss of profits, business interruption or the loss of data or information.

Furthermore, we cannot guarantee that any file or program available for download from or via our website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used. In accessing this website, you assume all risk of use of all programs and files on this website, and you release CAPS Australia Pty Ltd and the registered proprietors of CAPS Australia Pty Ltd and their respective affiliates, directors, officers, employees, agents, contractors, successors and assigns entirely from all responsibility or liability for any consequences of or arising out of your use of this website or any website linked to this website.

Security And Privacy

All orders are made through a secure web server. We are committed to maintaining your privacy.

Ordering Offline

We also accept orders by telephone and fax

By phone: Call on 1800 800 878 and one of our personnel will be happy to assist you

By fax: Write down the order codes and options you wish to purchase and fax together with your payment information to our fax line. Fax: 08 6250 9850

Payment Methods

We accept most major credit cards including Visa, Mastercard, and American Express.

We also accept cheques and Money Orders made payable to “CAPS Australia Pty Ltd” and mailed to 185 Planet Street, Welshpool, WA6106 (Head Office).

You may also pay by direct deposit into our bank account. Contact us for these details.

Quality And Value

All items offered for sale on this web site are selected for their quality and value.

Offer To Purchase Terms

By sending an order through this web site you are placing an offer to purchase selected products at the shown prices on this web site. We reserve the right to refuse any offer to purchase for whatever reason including out of date pricing or incorrect pricing, inability to supply stock, incorrect freight calculations or any other reason. We will endeavor to keep our information as accurate as possible however. Where a problem occurs, we will contact you and provide you with your options. We will not debit your credit card until we are happy that we can supply your order at a mutually agreed pricing. Processing of your payment and shipping of the goods indicates our acceptance of your offer to purchase.

Privacy Policy

CAPS Australia Pty Ltd recognizes that your privacy is very important to you and that you have a right to control your personal information. We know that you care how information about you is used and shared and we appreciate your trust that we will do so carefully and sensibly.

This notice describes our privacy policy. By visiting our web site you are accepting the practices described in this Privacy Notice.

What Personal information Do We Gather?

The information we learn from customers helps us personalise and continually improve your shopping experience with us.

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information , but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our site, and communicating with you.

Do We Share The Information We Receive?

We will not collect any personal information about you except when you knowingly provide it. We know that providing personal information is an act of trust and we take this seriously. Under no circumstances will your personal information be used for any other purpose than intended. We will not supply or sell these details to any third party whatsoever with the following exceptions.

Business Transfers: As we continue to develop our business, we might sell or buy businesses and assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that we sell our business, customer information will of course be one of the transferred assets.

Protection of our business and others: We may release account and other personal information when we believe release is appropriate to comply with law or to protect t he rights, property, or safety of our business, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction, and supplying of information to Law Enforcement agencies.

How Secure Is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts sensitive financial information you input during the ordering process.

CAPS AUSTRALIA PTY LTD PRIVACY ACT POLICY STATEMENT

New privacy provisions in the Privacy Act 1988 (Cth) affecting private sector organisations such as CAPS Australia Pty Ltd came into effect from 21 December 2001. The new provisions regulate the collection, storage and use of personal information obtained by CAPS Australia Pty Ltd and also operate to give Customers greater control over the way in which information about them is handled by requiring CAPS Australia Pty Ltd to comply with thirteen (13) legally binding Australian Privacy Principles [“APPs”]. The APPs cover:

• APP 1 — Open and transparent management of personal information
  Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date APP privacy policy.
• APP 2 — Anonymity and pseudonymity
  Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.
• APP 3 — Collection of solicited personal information
  Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of ‘sensitive’ information.
• APP 4 — Dealing with unsolicited personal information
  Outlines how APP entities must deal with unsolicited personal information.
• APP 5 — Notification of the collection of personal information
  Outlines when and in what circumstances an APP entity that collects personal information must notify an individual of certain matters.
• APP 6 — Use or disclosure of personal information
  Outlines the circumstances in which an APP entity may use or disclose personal information that it holds.
• APP 7 — Direct marketing
  An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.
• APP 8 — Cross-border disclosure of personal information
  Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas.
• APP 9 — Adoption, use or disclosure of government related identifiers
  Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier, or use or disclose a government related identifier of an individual.
• APP 10 — Quality of personal information
  An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure.
• APP 11 — Security of personal information
  An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.
• APP 12 — Access to personal information
  Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.
• APP 13 — Correction of personal information
  Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals.

Details of the APPs and guidelines to assist Customers are available on request.

CAPS Australia Pty Ltd will ensure that all reasonable measures are taken to make Customers aware that personal information about them is being collected, of the purposes for which that information is being collected and of the third parties (if any) to whom that information is being passed. CAPS Australia Pty Ltd will also respect the new legislative restrictions on the use that can be made of personal information.

Customers should be aware that CAPS Australia Pty Ltd only collects and retains personal information which is relevant to the on-going trading relationship with CAPS Australia Pty Ltd. Such information is securely stored and maintained before being destroyed at the end of its useful life (or otherwise dealt with at the Customer’s direction).

Customers also have the right to gain access to personal information about them which is held by CAPS Australia Pty Ltd and to have that information corrected or annotated if the information is incorrect, out-of-date or incomplete. Customers may also complain to the Federal Privacy Commissioner if they consider that information about them is not being properly handled.

At no time is any “sensitive information” knowingly sought or retained. “Sensitive information” includes information concerning an individual’s criminal record, health, ethnic origin, membership of a political, professional and/or trade association, philosophical beliefs, political opinions, religious beliefs and/or sexual preferences.

Any query or complaint should be directed to CAPS Australia’s Privacy Officer, Glenn McIntyre (phone 08 6250 9802 or e-mail gmcintyre@caps.com.au) or to the Federal Privacy Commissioner.