Terms of Service
Helmar Australia Pty Ltd and Helmar USA Inc. website content Terms and Conditions
The Helmar websites are owned and operated by Helmar Australia Pty Ltd ABN 28 003 425 796.
By using or accessing the Helmar Australia Pty Ltd or Helmar USA Inc. websites' online content, you acknowledge that you have read, understood, and agree to be bound by our Terms of Use.
If you do not agree to these Terms of Use, please do not use this online content.
1. Governing law
Helmar Australia Pty Ltd controls and operates these sites from its office within Australia.
These Terms of Use are governed by the laws of the State of New South Wales and applicable Commonwealth Laws.
You and Helmar Australia Pty Ltd agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
2. Changes to Terms of Use
Helmar Australia Pty Ltd may revise or amend our Terms of Use at any time at our absolute discretion by posting revised terms.
You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use
remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective,
you agree to be bound by the revised Terms of Use.
3. Site contents, ownership, and use restrictions
The material on this site is protected by copyright and trademark under the laws of Australia, the United states and other countries either through international
treaties or registration in those applicable countries.
Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content,
other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips
and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Helmar Australia and Helmar USA Inc.,
affiliates, licensors and licensees.
4. Links to Third Party Websites
This site may contain information from or hyperlinks to internet websites operated by third parties. Such information or websites are not under the control
of Helmar Australia Pty Ltd or Helmar USA Inc. Neither Helmar Australia Pty Ltd or Helmar USA Inc. is responsible for the contents of any such information or
website. Helmar Australia Pty Ltd or Helmar USA Inc. provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not
imply any endorsement of the linked website by Helmar Australia Pty Ltd or Helmar USA Inc.
You rely on such information or websites entirely at your own risk.
5. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
a) Placing an order with Helmar Australia Pty Ltd or Helmar USA Inc.
b) Using this site as a shopping resource, provided that you do not modify the site and that Helmar Australia Pty Ltd or Helmar USA Inc. retain all copyright
and other proprietary notices contained in the Contents.
C) You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted
under these Terms of Use.
6. Prohibited conduct
You are not authorised, without the prior written permission of Helmar Australia Pty Ltd or Helmar USA Inc. and any other owner of rights in content that you access
via our websites, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that
content.No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Helmar Australia Pty Ltd or Helmar USA Inc. may be used
without our prior, specific, written permission or that of the trademark owner.
7. We can use your feedback
You grant Helmar Australia Pty Ltd or Helmar USA Inc. an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to our
websites or otherwise provide to Helmar Australia Pty Ltd or Helmar USA Inc. from the time you authorise your feedback to be sent.
You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without
restriction or compensation.
8. General prohibitions
You must not upload, post, transmit or otherwise make available through this site any material which:
a) violates or infringes the rights of others (including their privacy and intellectual property rights)
b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to,
or incite hatred of, any person;
c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user
from using the site;
d) affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems
(i.e. by transmitting a computer virus or other harmful component, whether or not knowingly);
e) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Helmar Australia Pty Ltd
or Helmar USA Inc. to take remedial action under any applicable industry code.
9. Indemnity
You agree to indemnify and will keep Helmar Australia Pty Ltd and Helmar USA Inc. indemnified against any claim, demand, injury, damage, loss, expense, cost or
liability (whether direct or indirect) made against or suffered by Helmar Australia Pty Ltd or Helmar USA Inc.
in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.
10. Ordering goods
Any order placed by you in the manner described in this site is an offer by you to purchase a speicifc product or service for the price (including the delivery and other charges)
specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered
unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you, subject to your compliance
with any product-specific limitations shown on this website.
Helmar Australia Pty Ltd or Helmar USA Inc. may change the prices published on the Online content at any time. Prices of products placed in the 'basket' but not paid for
are also subject to change and you agree to pay the price current at the time of payment.
While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Helmar Australia Pty Ltd and Helmar USA Inc. is not responsible
for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price,
image or the product description posted on this website, or an error in your order.
We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania on the Helmar Australia website and
within mainland USA on the Helmar USA website. Within these areas, our policies as to delivery and returns apply as set out in these Terms of Use.
11. About our prices
All prices on the Helmar Australia Pty Ltd website are inclusive of GST. Prices displayed online are current at the time of issue, but may change at any time and are subject to availability.
All prices on the Helmar USA Inc. website are exclusive of any applicable taxes or charges and will be added where applicable during the checkout procedure. Prices displayed online are current at the time of issue,
but may change at any time and are subject to availability. Prices and availability of items on the Helmar Australia Pty Ltd and Helmar USA Inc. websites are subject to change without notice.
12. Delivery
The processing of orders and all deliveries are made Monday to Friday excluding public holidays.
Helmar Australia Pty Ltd and Helmar USA Inc. will deliver to addresses within the mainland of Australia including Tasmania and mainland USA via the respective websites
but all on-forwarding costs incurred for shipments of orders to any location outside of mainland locations will be at the customer's discretion.
Your order will be processed and delivered within ten business days from the next business day of the your order being received.
Delivery may be affected by adverse weather conditions or events outside of our control. In this event, deliveries may take longer than our usual indicated timeframes.
Please contact Helmar Australia Pty Ltd or Helmar USA Inc. whichever is applicable to your order, Monday to Friday 9am to 4pm Eastern Standard Time in Australia
and Pacific Standard Time in the USA if you have any questions regarding your delivery. Contact details are provided on each respective website.
13. Returns policy
We will offer a replacement or refund on our products purchased via Helmar Australia Pty Ltd and Helmar USA Inc. websites,
due to defects in manufacturing or damage during transit, please contact Helmar Australia Pty Ltd or Helmar USA Inc.via contact details on the applicable website.
When calling or contacting us regarding your return please provide:
An original Helmar Australia Pty Ltd or Helmar USA Inc. invoice whichever is applicable to your delivery & a copy of the consignment note from the relevant
freight company delivering your order. Please also provide specific details regarding the nature of the problem.
14. Title and risk
Title to the goods purchased from Helmar Australia Pty Ltd or Helmar USA Inc. does not pass from Helmar Australia Pty Ltd or Helmar USA Inc. to you until we have
received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
15. Disclaimer of liability
To the extent permitted by law, Helmar Australia Pty Ltd and Helmar USA Inc. will not be liable in contract, tort (including negligence) or otherwise, for any direct,
indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits,
arising out of or in connection with:
a) the use, copying, or display of the contents of this site;
b) goods or services supplied by Helmar Australia Pty Ltd and Helmar USA Inc. under these Terms of Use;
c) a failure or omission on the part of Helmar Australia Pty Ltd and Helmar USA Inc. to comply with its obligations under these Terms of Use.
16. Limitation of liability
Our total liability to you, if any, in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited,
at our election, to:
a) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;
b) in the case of goods supplied or offered by us, repair or replacement of the goods,
c) supply of equivalent goods, or payment of the cost of doing this; and/or the amount paid by you, if any.
17. Disclaimer of warranty
Helmar Australia Pty Ltd or Helmar USA Inc. is providing this online content on an 'as is' basis and use of this content is at your own risk.
Helmar Australia Pty Ltd or Helmar USA Inc. and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or
agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on Helmar Australia Pty Ltd or
Helmar USA Inc. websites (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way
(including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Helmar Australia Pty Ltd or
Helmar USA Inc. expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of
acceptability or fitness for purpose.
18. Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under Australian Consumer Law 2012
or applicable Federal US Consumer law.
19. Termination
Your ability to purchase goods from Helmar Australia Pty Ltd or Helmar USA Inc. websites may be terminated by Helmar Australia Pty Ltd or Helmar USA Inc.
at any time without notice.
All restrictions, licences granted by you and limitations of Helmar Australia Pty Ltd or Helmar USA Inc.'s liability will survive termination.