Terms of Use

[last updated September 2016]

The business that provides this website and other online services

http://www.metrixneedles.com/ is made available by “METRIXNEEDLES AU” ABN 59 148 070 455 of 40 Blanton Drive, Mulgrave 3170 VIC. You can contact us here info@metrixneedles.com.

When you read words “us”, “our” or “we”, it means METRIX, and the words “you”, “user” or “your” means you, the visitor to our website and any and all software applications (Apps) or social media pages we provide (collectively, our online services).

By using this website you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:

  • Terms of Use
  • Postage, payments, refunds and returns
  • Privacy PolicyWe encourage you to carefully read and understand these terms and conditions before using the website or any of our services. If you don’t agree, your remedy is to stop using METRIX.Entire Agreement Unless otherwise specified, all of the terms and conditions applicable to our online services constitute the entire agreement between you and METRIX with respect to our online services.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated.
Feedback, comments or complaints
If you have any questions, please contact us and we will usually respond to all enquiries within two business days.
No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
  • hack into areas of our online services that are not intentionally made available to you
  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists”in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate the our online services or underlying contentTestimonialsAny testimonials displayed on our website have been freely received from the customers listed with that testimonial. We use reasonable commercial efforts to ensure that testimonials listed remain current and

consistent with the products and services we offer. Please contact us if you have any questions about the testimonials displayed on our website.

Your account

Setting up an account is free and open to any person over the age of 18 years. It also makes it much easier to submit your orders. You agree to provide true and correct details when setting up your account. You will not create more than one account with METRIX. You acknowledge that it is your responsibility to keep your contact details up to date.

Account holders will receive product updates and may also be offered discounts and competitions. You do not need to set up an account to complete your purchase.

You agree that you will not share your METRIX username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account. All use of your account remains your responsibility and any product orders placed through your account will be your responsibility.

You agree that we can contact you as and when needed to provide the products or services offered by METRIX via the email address that you use to set up your METRIX account.

We will not include clickable links in emails to you at the same time as asking you to update your account details. You should always go to our website and login normally before updating any details.

Links disclaimer

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Advertising

Any advertising listed on our online services is commercial advertising for which we receive payment. The products or services referred to on the METRIX online services are not endorsed by METRIX. We offer no warranties or guarantees of any kind in respect of the performance, suitability or availability or any third party product or service advertised on our online services.

Please contact us (best email) if you would like to advertise with us. We reserve the right to approve the final presentation of an advertisement before it is added to our online services, or to refuse advertising that we believe is not appropriate for our online services. We reserve the right to remove any advertising in the event that we receive a complaint, or we believe that continued advertising through our online service may result in embarrassment to us.

Advertising costs are available upon request. Please contact us.

Affiliate products

We will identify any products sold by us as an affiliate. If we sell affiliate products we will be receiving a percentage of the profits of that sale for promoting the product on our website. You acknowledge that we may have a vested interest in the sale of those products. Any liability for fault or other problem with an affiliate

product should be addressed to the original supplier. We have no control over affiliate products or services and cannot take any action to remedy any issues you may have. Please contact the supplier.

Copyright, Trademarks and other Intellectual Property

METRIX owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of our online services.

Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our online services content or our intellectual property.

Copyright infringement

If believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from the METRIX website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

We use Australian based service providers for the hosting and back up of our online services.

We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Disclaimer

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR PRODUCTS AND ONLINE SERVICES IS AT YOUR OWN RISK.

While every care is taken, we make no representations about the suitability, reliability or availability of our products or the suitability, reliability or availability, timeliness, and accuracy of anything contained on our online services for any purpose. To the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” without warranty or condition of any kind.

Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.

Articles and other information available via our online services are provided for your information only. You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to our online services. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to providing the faulty product again, or to a refund equal to the total amount paid by you for the faulty product.

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

Indemnity

You agree to indemnify and defend METRIX from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of our online services, or products or services included or advertised on our online services
  • your breach of these terms and conditions.Applicable lawThis agreement is governed by the laws of Victoria and Australia. You agree to be subject to the jurisdiction of the courts of Victoria if there was a serious dispute between you and us.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Manager, METRIX’ and sent to info@metrixneedles.com. We may provide notice to you via email or other electronic means.

Our services are not available outside Australia. Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and METRIX as a result of this agreement or use of our online services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Postage, payments, refunds and returns

[Last updated September 2016] METRIX products are only available in Australia. If you are not in Australia and would like our products, please

 

email us here info@metrixneedles.com. POSTAGE & HANDLING

Postage is charged consistently with Australia Post package rates. A small handling fee may also apply. Total postage and handling costs will appear in your shopping cart before completing your purchase.

Allow 10 days for delivery, although we aim to have your order to you as soon as possible. Your package will come from our Victorian distribution centre. Please contact us if you have not received your product within 10 days.

PAYMENTS

Payment can be made by credit card.

METRIX uses secure payment systems. This means we do not need to collect or store your payment details. For more information about the payment systems we use, please refer to their websites.

REFUNDS

Unfortunately, METRIX is unable to provide refunds simply because you have changed your mind about what you have ordered.

Your order will be processed on the same or the next business day after receipt. If you become aware of an error in your order prior to dispatch and notify us promptly, we will make every effort to assist in amending your order. Once an order has been dispatched, no substitutions can be made.

RETURNS

Faulty products will be exchanged.

Please return the faulty product in the package it originally arrived in. Returning the packaging will assist us in identifying any faults in our product or delivery lines. You are responsible for the cost of return postage, and we will cover the cost of delivery of your replacement product.