Terms and Conditions

MM Electrical Merchandising - Mobile App Terms Of Use

1. Terms of use.

Please read these terms of use carefully as they apply to your use of the MMEM application (the App). By accessing or using the App, you agree to be bound by these terms of use. If you do not agree to these terms of use, you must not access or use the App. In these terms of use:

(a) "we", "us" and "our" means Metal Manufactures Limited (ABN 13 003 762 641) of 19-21 Loyalty Road, North Rocks NSW 2151 and

(b) "you" and "your" means the business for whom you are using the App, or (where you are using the App for your own purposes) you. If you are using the App for a business, you confirm that you have authority to agree to these terms on behalf of that business (if you do not have such authority, you must not access or use the App).

2. Important information

(a) The App is offered for use on Apple and Android devices. The additional terms set out at Attachment A will apply if you download the App on an Apple device.

(b) Our App offers a range of tools and capabilities which can help you better manage your business. In order to use some features of the App, you may need to register your details with us. When you register to use the App, you may enter a user name and password which is personal to you. You may change your password at a later stage. You must keep any user name and password that you select private, and not disclose them to any other person. If you have lost or forgotten your password, you can notify us via the App's login page and we will send you an email to your registered email address in order for you to reset your password.

(c) Quotes, invoices and other material which you generate using the App are created using information that is largely input by you ( Your Data). Some information is calculated or provided by us (for example, information from our online catalogue) ( Provided Materials).

(d) You must ensure that you accurately insert the details of any of Your Data (such as product types, quantities, payment amount, etc.). We are unable to, and do not, verify any of Your Data.

(e) While we endeavour to ensure that Provided Materials are accurate, you should verify the accuracy of such Provided Materials. In particular, you acknowledge that the online catalogue provides point-in-time snapshots of prices and availability of our products. Accordingly, the prices and availabilities may change from the time you generate Provided Materials, to the time you actually purchase the products from us. You should ensure that you check pricing against our online catalogue at the time you place orders with us. We are not responsible for any loss you may suffer as a result of such discrepancies in pricing and availability.

(f) You remain responsible for complying with all your obligations in connection with your business. For example, while the App may assist you in calculating margins, profits, GST amounts , and managing your receivables, you are responsible for ensuring that you accurately and appropriately manage your obligations in connection with your business. No accounting, tax, legal or other professional advice is provided in connection with your use of the App.

3. Intellectual property rights

(a) The App is offered for use on Apple and Android devices. The additional terms set out at Attachment A will apply if you download the App on an Apple device.

(b) We grant you a limited, non-transferable licence to access and use the App solely for your own business or individual purposes.

(c) We (or our licensors) retain all right, title, and interest in and to the App, and nothing you do on or in relation to the App will transfer any intellectual property rights to you or (except for the licence referred to in paragraph (b)) permit you to exercise any intellectual property rights unless this is expressly stated.

(d) Except as provided in these terms of use, any use or copying of the App for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at 19-21 Loyalty Road, North Rocks NSW 2151 if you wish to seek such consent.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the App without notice if you breach, or we reasonably believe you have breached any of these terms of use.

4. Your Data

(a) We will only use Your Data:

(i) for the purpose of providing you with the App and its functionality. We may provide Your Data to our related companies and our contractors for such purpose;

(ii) in an aggregated and de-identified form for statistical, analytical, research, quality assurance, product improvement and other purposes, such that no details regarding you (including your identity) can reasonably be derived from the information. We may provide Your Data to third parties generally for such purpose; and

(iii) as otherwise set out in our privacy policy.

You grant us a licence to use Your Data accordingly.

(b) We do not typically retain Your Data. Accordingly, you should not use the App as a system of record and we recommend that you separately save and retain copies of all Your Data that you require for record keeping or other purposes.

5. Use is free of charge

(a) Your use of the App is free of charge.

(b) In return for allowing you to use the App, you agree to provide us with feedback relating to the App upon request. We may freely use any such feedback (including suggestions or ideas), including in future modifications of the App, to develop new products and services, and to develop advertising or marketing materials.

6. General restrictions

You must:

(a) ensure that you are permitted to provide us with Your Data, and that our use of Your Data does not infringe any rights (including intellectual property rights) of any third party;

(b) not use the App for any purpose that is unlawful or that would give rise to any civil or criminal liability for yourself, us, or any third party;

(c) not distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any mobile, smart device or computer hardware or software;

(d) not modify, alter, reverse engineer or decompile the App;

(e) not use or refer to the App to develop any product (such as other applications, software offerings or services) which compete with, or are likely to compete with, the App or any of its functionality;

(f) not attempt to collect or store data about other users of the App; or

(g) not engage in any conduct that inhibits our provision of the App or any other person from using the App.

6.2 Cancellation

(a) You may cancel your registration at any time by following the prompts in the App, or by notifying us at 19-21 Loyalty Road, North Rocks NSW 2151.You may also delete the App at any time.

(b) We may suspend or cancel your registration, either temporarily or permanently, if you materially breach, or we reasonably believe you have materially breached, any of these terms of use. If we suspend your use of the App or cancel your registration, you must cease accessing and using the App and, in the case of cancellation, these terms of use will be terminated, including the licence granted to you in section 3(b).

7. Payments

7.1 Payments by your customers to you

(a) You can use the App to accept payments from your end-customers for goods and services you provide to them.

(b) We use IntegraPay Pty Ltd (IntegraPay) as a third party payment service provider for internet based payment services to facilitate payments for transactions between you and your end customers.

(c) In order to accept payments from your end-customers via the App, you will need to set up a separate account with IntegraPay and agree to IntegraPay's terms and conditions.

(d) We receive a commission from IntegraPay when you use the App to accept payments from your customers.

(e) You hereby consent and authorise us and IntegraPay to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s).

7.2 Purchase of products from us

(a) You can also use the App to place orders directly with us for our products.

(b) If you place orders with us using the App, our Standard Terms of Salewill apply to those purchases.

(c) Without limiting our Standard Terms of Sale:

(i) while we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may cancel an order that has been accepted in such circumstances; and

(ii) unforeseen supply problems or unexpected demand may occasionally result in a product being unavailable. If this occurs, you may cancel your order at any time before we provide the product to you.

8. Warranties and liability

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the App that are not contained in these terms of use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):

(i) while we endeavour to provide a convenient and functional App, we do not guarantee that that your requirements will be met or that your use of the App will be uninterrupted, error free or that the App is free of viruses or other harmful components; and

(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our App (such as those which occur while being sent over the internet), and you are responsible to making appropriate backups of Your Data.

(e) You hereby consent and authorise us and IntegraPay to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s).

(c) We recommend that, to the extent possible, you install and use up-to-date anti-virus, anti-spyware and firewall software on your mobile phone, computer or other device you use to access the App and that you regularly backup Your Data.

(d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(e) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to is limited to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(f) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(g) Subject to paragraphs (d) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the App whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.

(h) A party's liability to the other is diminished to the extent that the acts or omissions (or those of a third party) contribute to or cause the loss or liability.

9. Variations by us

(a) We may from time to time:

(i) amend these terms of use; or

(ii) vary, modify or discontinue, temporarily or permanently, the App or any of its features.

(b) We will notify you by email or via the App of any amendments to these terms of use. Your continued use of the App following any such notification will constitute your acceptance of any amended terms.

10. Links and advertisements

The App may contain links or references to other third party apps, websites or tools, which include embedded links. We have not reviewed any of the references or sites linked to the App and are not responsible for the content or accuracy of any off-site pages or any other apps or sites referenced in or linked to the App. The inclusion of any link or reference does not imply that we endorse the linked site or reference.

11. Privacy policy

(a) In using the App, you may give us personal information. For example, you may give us personal information about your customers. We understand that your personal information is important. Our privacy policy contains further details about our privacy handling practices.

(b) You must only disclose to us personal information where you are permitted to do so by law. You must ensure that you have obtained all consents from, and have made all disclosures to, the individuals whose information is input into the App to the extent necessary for us to collect, process, store, use and disclose that information in the manner envisaged in our privacy policy and these terms of use.

12. General

(a) Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party's reasonable control.

(b) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These terms of use are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts that exercise jurisdiction in New South Wales, Australia.

(d) Nothing in these terms of use limits any liability you or we may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these terms of use, where such liability cannot be lawfully excluded (which may include liability under section 18 of the Australian Consumer Law).

(e) Subject to paragraph (d) and to the maximum extent permitted by law, these terms of use constitute the entire agreement between us and you in relation to the App and supersede all other communications or displays whether electronic, oral, or written, between us and you in relation to the App.

(f) Your use of the App is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the App, including sending you electronic notices.

(g) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.

(h) No waiver, delay or failure by a party to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right.

(i) If you have any questions, complaints or claims regarding the App, you should contact us on:
Name:
Telephone number:
Email address:

(j) The word "including" when used in these terms of use is not a term of limitation.

Attachment A Apple specific terms

The following terms apply to you if you download the App on an Apple device:

(a) These terms of use are concluded between you and us, and not with Apple.

(b) The licence granted under clause 3(b) is limited to use of the App:

(i) by you;

(ii) on any Apple-branded product which you own or control; and

(iii) in accordance with the usage rules set out in the App Store Terms of Service, provided that others who are associated with you or your account via family sharing or volume purchasing arrangements may use the App, in accordance with the relevant terms of the App Store Terms of Service.

(c) To the extent permitted by law, Apple will have no warranty obligation in respect of the App. For clarity, you acknowledge that:

(i) Apple will not have any obligations to provide maintenance or support services with respect to the App;

(ii) Apple will not have any responsibility for addressing any claims that you or any third party may have in relation to the App, including any claims relating to:

(A) product liability;

(B) the App's failure to conform with applicable legal or regulatory requirements;

(C) consumer protection, privacy or similar legislation; or

(D) infringement of any third party's intellectual property rights; and

(iii) any claims, losses, liabilities, damages, costs or expenses in connection with the App will be dealt with by us in accordance with clause 8.

(d) You represent and warrant that you are not:

(i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist support" country; or

(ii) on list on any US Government list of prohibited or restricted parties.

(e) You must comply with all applicable third party terms of agreement when using the App. We will inform you if and when your use of the App will be subject to such third party terms of agreement.

(f) You acknowledge that Apple and its subsidiaries are third party beneficiaries of these terms of use and, subject to any applicable laws including the Australian Consumer Law, upon your acceptance of these terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you as a third party beneficiary.