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   Terms And Conditions of Sale

Acknowledgements

  • The Buyer understands that all the trading terms are strictly in accordance with the payment method chosen on this form or when ordering on the web site.

  • The Buyer has read and agreed to the terms and conditions of sale which will form part of all contracts for the supply of Goods to the Buyer by the Seller, a copy of which is attached.

1. Definitions

In the Terms or the Order:

  • 1.1 The Seller means thinkgroup Pty Ltd (ABN 34 112 192 186) trading as thinkgroup of Ground Floor, 25-37 Huntingdale Road, Burwood, Victoria 3125 and includes its successors and assigns.

    1.2 The Buyer means any person, firm, corporation or entity, which purchases or orders Goods from the Seller.

    1.3 Delivery means the delivery of the Goods into the possession of the Buyer.

    1.4 Goods means any good or service described in any invoice issued by the Seller and supplied or to be supplied to the Buyer under an Order.

    1.5 GST means the goods and services tax created by A New Tax System (Goods and Services Tax) Act 1999 and its associated legislation.

    1.6 Insolvent means:

    1.6.1 In the case of an individual, an application is made to a court for a sequestration order against that person or the person commits an act of bankruptcy or takes any steps to obtain protection or is granted protection from that persons creditors under any applicable legislation; and

    1.6.2 in either case a person or company entering into a composition, assignment or arrangement with creditors.

    1.6.3 in the case of a company, an application is made to a court for an order or an order is made that the company be wound up, an application is made to a court for an order appointing a provisional liquidator or receiver of the company, a meeting is convened or a resolution is passed to appoint an administrator of the company, the company calls a meeting for the purpose of appointing a liquidator or any of the events described in Sections 459C(2) (a) to (f) or 585 of the Corporations Act 2001 occurs in relation to the company.

    1.7 Linked Web Sites means web sites that are connected to the Website via a link.

    1.8 Order means the agreement resulting from the acceptance by the Seller of an order for Goods placed by the Buyer and shall be deemed to include the terms and conditions contained in the Terms, the current price list of the Seller, the information on the face of any invoice and any variations thereof agreed to in writing by the parties.

    1.9 The Terms means these terms and conditions for the supply of the Goods by the Seller or such other terms and conditions as may be notified in writing by the Seller to the Buyer including on the back of any invoice or delivery docket.

    1.10 Website means the Sellers website at www.thinkgroup.com.au or any derivative of, which utilises procurement software to allow Buyers to purchase Goods subject to the payment of the Subscription Fee and User Licence Fee.

    1.11 Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

    1.12 Transitional Period means the period commencing on the industry implementation date for Direct Debit Requests (31 March 2000) and concluding 12 calendar months from that date.

    1.13 Financial Institution is the financial institution where the Buyer holds an Account.

2. Contract

  • An Order contains the whole understanding of the parties relating to the subject matter of the Terms and the Terms cannot be altered or varied without the written agreement of the Seller. The Terms and the current price list of the Seller supersede all previous terms and price lists of the Seller. If any dispute arises over any Order (including any question of identity, authority or any telephone, facsimile, computer or e-mail order) the internal records of the Seller will be conclusive evidence of what was ordered. Each Order placed shall be and be deemed to be a representation made by the Buyer at the time that it is solvent and has the present and future ability to pay all of its debts as and when they fall due.

3. Acceptance

  • The Buyer shall be deemed to have read understood and accepted the Terms for the purposes of any Order upon clicking on the button at the end of these Terms.

4. Inconsistency

  • Any condition contained in any document (including any order form) created or issued by the Buyer (whether in response to the Terms or otherwise) does not bind the Seller and the Buyer acknowledges that in the absence of a variation in writing thereof agreed to by the Seller, the Buyer will be bound by the Terms.

5. Price and Terms of Payment

  • 5.1 The Buyer shall pay the price stated on the website of the Seller and payment of the invoice shall be made by a method of payment approved by the Seller without deduction or set off.

    5.2 The chargeable weight for the quantity actually delivered is in the case of paper in sheets, the nominal weight of reams (inclusive of the weight of ream wrapper, whether or not the paper is wrapped) and in the case of paper on reels the actual weight (inclusive of the weight of reel wrappers, cores and wooden plugs).

    5.3 All payments due under an Order are to be made in Australian currency free of exchange and shall be made to the Sellers office in Australia stated on the invoice relating to such Order or to such other place as may be notified by the Seller to the Buyer in writing.

    5.4 The Goods may only be returned for credit. No refunds will be made. Custom made or custom processed Goods or Goods acquired specifically for the Buyer will only be returnable with the Sellers written consent. Goods may only be returned for credit or exchange within 7 days of the date of invoice and must be in as new & saleable condition. At the Sellers discretion, Goods returned for credit or exchange may incur a fee equal to 10% of the invoiced price of the Goods provided however that the minimum fee per Order shall be $30 and the maximum fee per Order shall be $300.

    5.5 The Seller shall not under any circumstances be liable for any claim, loss or damage sustained or incurred by the Buyer or any other party arising in any way as a result of the unavailability of the Goods or any delay in Delivery of the Goods or any part thereof or any failure to deliver the Goods or part thereof.

6. Security For Payment

  • The Buyer agrees on request to charge in favour of the Seller;
    6.1 by a fixed charge, goodwill, documents of title & current & later acquired personal real & intellectual property;

    6.2 by a floating charge, the whole of the Buyers other undertaking, property & assets, with payment of all monies owed to the Seller and to do all things necessary to stamp and register such charges.

7. Goods and Services Tax (GST)

  • Unless otherwise specifically stated, all prices and amounts listed are exclusive of GST (currently 10%). If GST is payable by the Seller on the supply of Goods the Buyer will pay to the Seller the price or other amount invoiced plus GST. The Seller agrees to provide the Buyer with a tax invoice as required by the GST legislation for amounts to be paid by the Buyer in accordance with the Sellers price list.

8. Deliveries and Storage

  • 8.1 While the Seller shall make every endeavour to deliver the correct quantity, quality and where applicable, size and weight of Goods ordered, the Buyer acknowledges that the Seller may experience difficulty in supplying the Goods in the exact terms as ordered. Accordingly, the Buyer agrees that in relation to the supply of Goods it shall accept and pay for Goods supplied by the Seller notwithstanding inaccuracies in the precise quantity, quality, size or weight of Goods (as the case may be) in comparison to the precise terms of Order, on the following basis:

    8.1.1 in the case of raw Paper products, in accordance with percentage tolerance levels prescribed under the Terms and Conditions of supply of the manufacturing paper mill supplying the Seller or, as may be agreed between the Buyer and the Seller from time to time.

    8.1.2 in all cases an appropriate pro-rata adjustment shall be made for the value of any over or under supply with a commensurate variation to the purchase price payable.

    8.2 The Goods shall be delivered to the Buyer FAS in the city and alongside rail country deliveries. Indent orders shall be delivered as per supplying conditions. Risk in the Goods passes to the Buyer upon the earlier of:-

    8.2.1 Delivery to the Buyer or his agent or a carrier nominated by the Buyer or by the Seller on the Buyers behalf, or

    8.3 Goods delivered to the Buyer are subject to freight and/or courier charges as determined by the Seller from time to time and which shall be payable by the Buyer. Freight and/or courier charges will be included in the invoice for the relevant Order.

    8.4 In the event that the Buyer requests the Seller to withhold Delivery of the Goods or any part thereof or if Delivery is delayed for any other reason as a consequence of the Buyers instructions or lack thereof the Seller may in its absolute discretion store the Goods for the Buyer and the Buyer shall pay the Seller all storage charges charged or incurred by the Seller and if the Goods are stored elsewhere all cartage charges incurred by the Seller.

    8.5 Notice by the Seller to the Buyer that the Goods have been stored in accordance with this clause shall constitute Delivery of the Goods.

    8.6 The Seller reserves the right upon notice to the Buyer at any time to withhold deliveries if the Seller in its sole discretion considers that the financial condition of the Buyer so warrants and that such action is advisable to protect the Sellers interests.

    8.7 Whether or not risk has passed to the Buyer, the Seller shall to the full extent permitted by law be under no liability in respect of any damage caused to, or any deterioration of, the Goods during the Course of transit.

    8.8 A certificate purporting to be signed by an officer of the Seller confirming Delivery shall be conclusive evidence of Delivery, as shall any signed delivery docket.

9. Partial Delivery/Forward Orders

  • If the Buyer places any forward order the Buyer agrees:

    9.1 to pay for so much of any order as is from time to time delivered by the Seller.

    9.2 no delay or failure to fulfill any part of any order shall entitle the Buyer to cancel or vary Order.

10. Packing

  • Packing will be effected in accordance with the Sellers standard practice and the cost of packing is included in the price. If the Buyer requests other packing the Buyer will bear the cost or packing.

11. Pallets and Re-useable packaging

  • The Buyer will return all pallets and any other re-useable packaging or delivery material provided by the Seller and indemnifies the Seller for the full replacement cost of any, which are not returned to the Seller promptly.

12. Time

  • 12.1 The obligations of the Seller shall be suspended during the time and to the extent that the Seller is prevented from or delayed in complying with those obligations by Force Majeure.

    12.2 Force Majeure means circumstances beyond the control of the Seller which occur without default or negligence of the Seller and include inevitable accident, storm, flood, fire, earthquake, explosion, peril of navigation, hostility, war (declared or undeclared), insurrection, strike, lockout or other labour difficulty, executive or administrative order or act either general or of particular application of any government whether de jure or de facto or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws regulations or policies, quarantine or customs restriction, break down or damage to or confiscation of property.

13. Limitation of Liability

  • 13.1 To the extent permitted by law all statutory and other implied conditions and warranties relating to the supply of the Goods by the Seller are negated, and the liability of the Seller pursuant to any provision of legislation of the Commonwealth or any State or Territory or pursuant to any other potential liability whether arising from negligence or not, including consequential loss is limited at the option of the Seller to the replacement of the Goods or supply of equivalent goods, the repair of the Goods, the payment of the cost of replacing the Goods or acquiring equivalent goods or the payment of the cost of having the Goods repaired.

    13.2 Except in relation to liability for personal injury (including sickness and death) and as expressly provided in these Terms, the Seller shall not be liable to the Buyer, its servants agents or contractors for any loss, damage, injury to property or persons (including but not limited to loss of profits or business or other direct, indirect, special, consequential or incidental damages) resulting from, arising out of, or in connection with the acquisition, Delivery, re-supply, retaking of possession, installation or use of the Goods or any other claim whatsoever arising directly or indirectly out of or in any way attributable to the performance or non-performance of an Order. The Buyer agrees to check all Goods for compliance with all applicable standards and regulatory bodies before use, on-sale or application and to use or apply them in accordance therewith.

    13.3 The Buyer agrees to indemnify the Seller its employees and agents against all actions proceedings and claims (including consequential loss and loss of profits) whatsoever brought against the Seller its servant agents or contractors in relation to any injury loss of life or damage to any property or financial or other consequential loss for and in respect of any loss injury expense or damage howsoever caused whether by the negligence of the Seller or not arising directly or indirectly out of or in any way attributable or non-performance of an Order. This indemnity does not derogate in any way from any other indemnity provided under an Order.

    13.4 No dealing between the Seller and the Buyer shall be or be deemed to be a sale by sample and any advice, recommendation, information or representation given or provided by the Seller as to the quality or performance of the Goods or their suitability for a particular purpose or otherwise in relation to the Goods shall be accepted by the Buyer at its own risk and without any liability or responsibility on the part of the Seller.

    13.5 This limitation of liability in this clause 13 does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

14. Taxes

  • Without limitation to Clause 7, any GST, excise or other tax, impost or duty shall be payable by the Buyer and the Buyer shall not deduct any tax, impost or duty from the price payable to the Seller. Taxes, imposts and duties shall unless stated otherwise in the relevant invoice be added to invoices as separate charges.

15. Price Variation

  • The Seller reserves the right from time to time and at any time to vary the price of the Goods the subject of an Order by notice in writing to the Buyer provided always that upon receipt of that notice the Buyer may elect at any time within 14 days of the receipt of that notice to terminate the Order and shall notify the Seller in writing of its election. Within 14 days of receipt of that notice the Seller has the choice of either accepting the Buyers election whereupon the Order is terminated or electing to sell the Goods to the Buyer at the original price which price shall be binding on the Buyer and the Buyers election to terminate the Order shall have no effect.

16. Withdrawal of Quotation

  • Unless withdrawn by the Seller, any quotation made by the Seller is open for acceptance by the Buyer for 15 days from the date of the quotation or such other period as may be notified from time to time in writing by the Seller to the Buyer.

17. Property and Risk

  • 17.1 Notwithstanding any provisions in Clause 8 dealing with transfer of risk and notwithstanding that the Buyer has possession of the Goods, property in the Goods remains with the Seller and no legal or equitable interest or property in the Goods whatsoever shall pass to the Buyer or vest in the Buyer until the full amount due for the Goods and all other Goods supplied by the Seller to the Buyer (including any interest payable by the Buyer) has been paid.

    17.2 The risk of loss of, or damage to, the Goods will pass to the Buyer on Delivery and the Buyer will insure the Goods until sold by the Buyer.

    17.3 Property in, and ownership of, the Goods will not pass from the Seller to the Buyer until payment in full of the purchase price of the Goods and all other amounts owing to the Seller by the Buyer.

    17.4 Until property passes to the Buyer:

    17.4.1 the Buyer will hold the Goods as fiduciary and bailee for the Seller;

    17.4.2 the Goods must be stored separately and in a manner to enable them to be identified and cross-referenced to particular invoices;

    17.4.3 the Seller, its employees or agents, are entitled to enter the Buyers premises between 09:00 and 17:00 on any business day to inspect the Goods;

    17.4.4 unless otherwise notified in writing by the Seller and subject to paragraph (17.7), the Buyer is authorised to sell the Goods in the ordinary course of the Buyers business; and

    17.4.5 the proceeds of Goods sold by the Buyer are to be held in trust for the Seller and must be paid immediately into a separate account and must not be mixed with any other money, including funds of the Buyer.

    17.5 If the Buyer uses the Goods in some manufacturing or construction process of its own or some third party, then the Buyer must hold such part of the proceeds of such manufacturing or construction process as relates to the Goods in trust for the Seller. Such part shall be deemed to equal in dollar terms the amount owing by the Buyer to the Seller at the time of receipt of such proceeds.

    17.6 If payment is not made by the Buyer to the Seller on the due date, the Buyer must deliver the Goods to the Seller on demand. If the Buyer does not comply with such a demand, the Seller, its employees or agents, are entitled:

    17.6.1 to enter the Buyers premises at any time to do all things necessary in order to take possession of the Goods and the Buyer:

    17.6.1.1 must procure the consent of all other persons having any interest in the premises where the Goods are situated to entry of those premises by the Seller, its employees or agents; and

    17.6.1.2 indemnities the Seller against any claim, loss, liability, cost and expense that may be incurred or sustained by the Seller, its employees or agents, as a result of the entry of those premises where the Goods are situated; and

    17.6.2 with or without taking possession of the Goods, to sell them as the Seller sees fit.

    17.7 The Buyer must pay to the Seller the costs and expenses incurred by the Seller of legal advisers, mercantile agents and other agents acting on the Sellers behalf in respect of any enforcement of these Terms and Conditions, or recovery or attempted recovery of either the money owing by the Buyer to the Seller or possession of the Goods.

    17.8 The Buyer acknowledges that the Goods are not intended to become affixed to any of its premises and must ensure that the Goods may be removed from those premises without causing damage of any kind to the premises.

    17.9 The Buyers right to hold and sell the Goods will immediately cease if an administrator or a controller within the meaning of section 9 of the Corporations Act or similar officer is appointed to all or any assets or undertaking of the Buyer or an order is made or resolution passed for the winding up of the Buyer or the Buyer is deregistered. In any such case, and without the need for notice or demand by the Seller, the Buyer acknowledges any sale or purported sale of the Goods will not be in the ordinary course of the Buyers business and the proceeds of any Goods sold in such circumstances will be held on trust for the Seller by the administrator, controller or similar officer as the case may be, or if there is no such officer, by the Buyer.

    17.10 To effect the Sellers obligations under these Terms, the Buyer irrevocably appoints any solicitor for the Seller and its attorney in all things.

    17.11 Any provision of this Clause 17, which is prohibited or unenforceable in any jurisdiction, is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Clause 17 nor affect the validity or enforceability of that provision in any other jurisdiction.

18. Defaults and Termination

  • 18.1 Without prejudice to any of its rights powers or remedies the Seller may terminate an Order immediately without any liability to the Buyer if:

    18.1.1 any payment is not made by the due date or within the time or times specified in the Order;

    18.1.2 there is any other breach of the Terms relating to the Order; or

    18.1.3 the Buyer becomes insolvent.

    18.2 Upon termination of an Order, the Seller shall be released from all liability under the Order and all Goods in the Sellers possession relating to the Order whether paid for by the Buyer or not shall be forfeited to the Seller absolutely.

19. Notices

  • 19.1 A notice or other communication required or permitted to be given by a party to another shall be in writing and delivered personally or sent by pre-paid post or facsimile to that partys address or facsimile number stated in an Order or as notified in writing to each party from time to time. Any director, manager or secretary of the Seller or any other person authorised by the Seller may sign any such notice.

    19.2 A notice or other communication is deemed given if:

    19.2.1 personally delivered upon Delivery;

    19.2.2 mailed, on the expiration of two-business day after posting;

    19.2.3 sent by facsimile or email, on confirmation of successful dispatch by the sender machine or if after 17:00 on a working day at 09:00 on the next working day.

20. Intellectual Property

  • 20.1 The Buyer warrants that any design or instruction furnished to the Seller will not cause the Seller to infringe any patent, copyright, registered design or trade mark in the execution of the Buyers order. The Buyer indemnifies the Seller against any claim, loss, liability, cost and expense that may be incurred by the Seller as a result of any infringement or unauthorised use of patents, trade marks, designs or copyright arising out of the manufacture or use of the Goods.

    20.2 The sale and purchase of the Goods does not confer on the Buyer any licence or rights under any patents, trademarks or copyright that is the property of the Seller or any other person.

21. Exclusion of Vienna Convention

  • The parties expressly agree that the Order shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna in 1980 (known as the Vienna Convention) and that the provisions of the Vienna Convention are expressly excluded.

22. Governing Law

  • The law of these Terms and any Order is the law of the State of Victoria and Australia and the non-exclusive jurisdiction of the State of Victoria.

23. Severability

  • In the event that any of the provisions or conditions of the Terms or any clause or sub clause of the Terms cannot be given full force or effect by reason of statutory invalidity, uncertainty or otherwise, the provision or condition, clause or sub-clause, as the case may be, which cannot be given full force or effect shall be severed, ignored or read down restrictively to maintain and uphold so far as possible, the remaining conditions and provisions of the Terms.

24. Dispute

  • 24.1 If the Buyer believes that there has been an error in debiting the Account, the Buyer should notify the Seller directly on 1300 36 99 93 and confirm that notice in writing with the Seller as soon as possible so that the Seller can resolve the Buyers query more quickly.

    24.2 If the Seller concludes as a result of its investigations that the Account has been incorrectly debited the Seller will respond to the Buyers query by providing the Buyer with reasons and any evidence for this finding.

    24.3 If the Seller concludes as a result of its investigations that the Account has not been incorrectly debited the Seller will respond to the Buyers query by providing the Buyer with reasons and any evidence for this finding.

    24.4 Any queries the Buyer may have about an error made in debiting the Account should be directed to the Seller in the first instance so that the Seller can attempt to resolve the matter between the Seller and the Buyer. If the Seller cannot resolve the matter the Buyer can still refer it to the Financial Institution, which will obtain details from the Buyer of the disputed transaction and may lodge a claim on the Buyers behalf.

25 Notice

  • 25.1 If the Buyer wishes to notify the Seller in writing about anything relating to this Agreement, the Buyer should write to THINKGROUP ACCOUNTS DEPARTMENT, Ground Floor, 25-37 Huntingdale Road, BURWOOD, VIC, 3125 or via the email address provided on the Website.

26. Credit Card Payment Online

  • 26.1 Credit card payments online must be received in the Sellers bank account within 2 days of the If the Seller does not receive the total payment to bring the account balance to zero the Seller reserves the right to charge full recommended retail prices for those Order(s).

    26.2 If payments have been made by these methods and there are insufficient funds available to be transferred irrespective of whether the Goods had been delivered the Seller reserves the right to charge full recommended retail prices for those months Orders.

    26.3 Credit card payments will incur a service fee. Service fee charges are as follows: VISA and MasterCard 1.32% (including GST); AMEX 3.023% (including GST) and DINERS CLUB 3.223% (including GST). All service fees are charged on the total transaction including Delivery.

27 Website

  • 27.1 Access

    Prospective Buyers will be permitted to access the Website upon payment of the Subscription Fee and/or User Licence Fee.

    27.2 Ordering Procedure

    27.2.1 The Buyer may offer to purchase goods and services described on the Website for the price specified on the Website.

    27.2.2 The Buyers order must contain its name, email address, credit card details and any other ordering information specified on the Website.

    27.2.3 The Seller gives no undertaking as to the availability of goods and/or services advertised on the Website.

    27.3 Cancellation due to Error

    The Buyer acknowledges that despite the Sellers reasonable precautions goods and services may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances the Seller reserves the right until the time of Delivery to cancel the transaction notwithstanding that the Buyers Order has been confirmed and its credit card has been charged. If a cancellation of this nature occurs after the Buyers credit card has been charged for the purchase the Seller will immediately issue a credit to the Buyers credit card account for the amount in question.

    27.4 Specific Warnings

    27.4.1 The Buyer must ensure that its access to the Website is not illegal or prohibited by laws which apply to the Buyer.

    27.4.2 The Buyer must take its own precautions to ensure that the process which it employs for accessing the Website does not expose the Buyer to the risk of viruses, malicious computer code or other forms of interference which may damage its own computer system.

    27.4.3 For the removal of doubt, the Seller does not accept responsibility for any interference or damage to the Buyers own computer system which arises in connection with its use of the Website or any Linked Web Site.

    27.4.4 Whilst the Seller has no reason to believe that any information contained on the Website is inaccurate, the Seller does not warrant the accuracy, adequacy or completeness of such information, nor does the Seller undertake to keep the Website updated. The Seller does not accept responsibility for loss suffered as a result of reliance by the Buyer upon the accuracy or currency of information contained on the Website.

    27.4.5 Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by the Seller of the advertisers products and each advertiser is solely responsible for any representations made in connection with its advertisement.

    27.4.6 Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. The Seller does not warrant that the details on the Website concerning those goods and services will satisfy the laws of any other country. It is the Buyers responsibility to determine whether these details satisfy the laws of the jurisdiction where the Buyer resides (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of the Buyers jurisdiction, the Buyer may not order any goods or services from the Website.

    27.4.7 The Buyer acknowledges that despite all reasonable precautions on the Sellers part, there is a risk of unauthorised access to or alteration of the Buyers transmissions or data or of information contained on its computer system or on the Website. The Seller does not accept responsibility or liability of any nature for any such losses which the Buyer may sustain as a result of such activity.

    27.5 Copyright

    Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Seller. Except as permitted by the Copyright Act 1968 (Cth) and similar legislation which applies to the Buyers location and except as expressly authorised by these Terms you may not without the Sellers written permission:

    27.5.1 adapt reproduce store distribute print display perform publish or create derivative works from any part of the Website; or

    25.5.2 commercialise any information goods or services obtained from any part of the Website;

    27.6 Trade Marks

    27.6.1 Except where otherwise specified any word or device to which is attached the or symbol is a registered trade mark.

    27.6.2 If the Buyer uses any of the Sellers trade marks in reference to the Sellers activities goods or services the Buyer must include a statement attributing that trade mark to the Seller. The Buyer must not use any of the Sellers trade marks:

    27.6.2.1 in or as the whole or part of the Buyers own trade marks;

    27.6.2.2 in connection with activities, goods or services which are not the Sellers;

    27.6.2.3 in a manner which may be confusing, misleading or deceptive;

    27.6.2.4 in a manner that disparages the Seller or its information, goods or services (including the Website).

    27.7 Restricted Use

    Unless the Seller agrees otherwise in writing the Buyer is provided with access to the Website only for its personal use. The Buyer is authorised to print a copy of any information contained on the Website for its personal use unless such printing is expressly prohibited. Without limiting the foregoing the Buyer may not without the Sellers written permission on-sell information obtained from the Website.

    27.8 Linked Web Sites

    27.8.1 Any links to Linked Web Sites are provided for convenience only and may not remain current or be maintained.

    27.8.2 The Seller is not responsible for the content of or privacy practices associated with Linked Web Sites.

    27.8.3 The Sellers links with Linked Web Sites should not be construed as an endorsement approval or recommendation by the Seller of the owners or operators of those Linked Web Sites or of any information graphics materials goods or services referred to or contained on those Linked Web Sites unless and to the extent stipulated to the contrary.

    27.9 How the Seller handles e-mails

    27.9.1 The Seller will preserve the content of any e-mail the Buyer sends it if the Seller believes it has the legal requirement to do so. The Buyers e-mail message content may be monitored by the Seller for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

    27.10 Security of Information

    27.10.1 The Seller does not warrant and cannot ensure the security of any information which the Buyer transmits to the Seller.

    27.10.2 Any information which the Buyer transmits to the Seller is transmitted at the Buyers own risk.

    27.10.3 Once the Seller receives your transmission it will take reasonable steps to preserve the security of such information.

    27.11 Termination of Access

    27.11.1 Access to the Website may be terminated at any time by the Seller without notice.

    27.11.2 Clause 13 shall survive any termination pursuant to the above clause.

    27.12 To return to the Website

    27.13 By selecting the �I agree with the terms & conditions� check box located on the Delivery Details page, the Buyer acknowledges that it has read, understood and accept the above Terms.