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James Collins
2024-04-24 23:25:47 +10:00
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resources/views/components/footer.blade.php
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<li><h3 class="font-bold mb-2">STEMMechanics</h3></li>
<li><a href="{{ route('contact') }}" class="text-sm hover:text-primary-color">Contact Us</a></li>
<li><a href="{{ route('code-of-conduct') }}" class="text-sm hover:text-primary-color">Code of Conduct</a></li>
<li><a href="#" class="text-sm hover:text-primary-color">Terms & Conditions</a></li>
<li><a href="#" class="text-sm hover:text-primary-color">Privacy Policy</a></li>
<li><a href="{{ route('rules') }}" class="text-sm hover:text-primary-color">Rules</a></li>
<li><a href="{{ route('terms-conditions') }}" class="text-sm hover:text-primary-color">Terms & Conditions</a></li>
<li><a href="{{ route('privacy') }}" class="text-sm hover:text-primary-color">Privacy Policy</a></li>
</ul>
</section>
<section class="border-t border-t-gray-600 pt-8 flex justify-between text-xs items-center flex-col sm:flex-row">

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resources/views/privacy.blade.php Normal file
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<x-layout>
<x-mast>Privacy Policy</x-mast>
<x-container class="pt-8">
<x-heading>We take our customers' privacy & security seriously.</x-heading>
<p class="mb-2">
At STEMMechanics, we take our customers' privacy and security
seriously. We are committed to protecting your privacy and security
and to complying with the Australian Privacy Principles in the
Australian Privacy Act.
</p>
<p class="mb-2">
The purpose of the Privacy Policy ("Privacy Policy") is to outline
the personal information collected by us and the use of such
information. The Privacy Policy applies to (stemmechanics.com.au)
and online services (collectively, the "Sites") of STEMMechanics.
("STEMMechanics"). In this Privacy Policy, "Personal Information"
means information or opinion about an identified individual, or an
individual who is reasonably identifiable in accordance with section
6 of the Privacy Act 1988 (Cth).
</p>
<p class="mb-2">
By using the Website and our online services, you agree to accept
the Privacy Policy and the Site's Terms and Conditions
<router-link :to="{ name: 'terms-and-conditions' }"
>https://www.stemmechanics.com.au/terms-and-conditions</router-link
>
(Terms and Conditions). Where the Privacy Policy uses a word
starting with a capital letter, that term will be defined in the
Terms and Conditions or elsewhere in this Privacy Policy. If you do
not agree to the terms of this Privacy Policy or the Terms and
Conditions, you should not use the Site.
</p>
<x-heading class="mt-8">1. The kinds of information we collect and hold</x-heading>
<p class="mb-2">
Depending on the particular circumstances, we may collect and hold a
range of different information about you.
</p>
<x-heading class="mt-8">1.1. Individually identifiable information</x-heading>
<p class="mb-2">
The types of individually identifiable information we collect will
depend on the purposes(s) for which we are collecting it. For
example, we may ask for:
</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">your name;</li>
<li class="mb-2">your gamer tag or gamer username;</li>
<li class="mb-2">contact details;</li>
<li class="mb-2">identification information;</li>
<li class="mb-2">
historical records of your communication and interaction with
us;
</li>
<li class="mb-2">
details or history of preference, interests and behaviour
relation to transactions, products, services and activities on
our Site;
</li>
</ul>
<p class="mb-2">
As well as other similar Personal Information that is needed to
register or subscribe you to our services or offers. If we ever ask
for significantly different information, we will inform you. If you
do not provide certain requested Personal Information to us, we may
not be able to provide you with access to and use of the Site,
provide you with access to our other products and services, or to
fulfil one or more of our functions and activities applicable to
you.
</p>
<x-heading class="mt-8">1.2. Non-identifiable information</x-heading>
<p class="mb-2">
Non-identifiable information is data that has never been labelled
with individual identifiers or from which identifiers have been
permanently removed, and by means of which no specific individual
can be identified. When you visit the Site, our Company servers may
automatically record non-identifiable information that your browser
sends. This data may include:
</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">your computer's IP address;</li>
<li class="mb-2">browser type;</li>
<li class="mb-2">
webpage you were visiting before you came to our Site; the pages
within
<a href="{{ route('index') }}"
>www.stemmechanics.com.au</a
>
you visit;
</li>
<li class="mb-2">
the time spent on those pages, items, and information searched
on our Site, access times, dates and other statistics.
</li>
</ul>
<p class="mb-2">
Non-identifiable information is collected for analysis and
evaluation in order to help us improve our Site and the services and
products we provide. This data will not be used in association with
any other Personal Information
</p>
<x-heading class="mt-8">2. How we collect your information</x-heading>
<p class="mb-2">We may collect your information in a number of ways, including:</p>
<p class="mb-2">(a) Directly from you, including but not limited when you:</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">browse our Site;</li>
<li class="mb-2">save an item;</li>
<li class="mb-2">register on our Site;</li>
<li class="mb-2">log into the Site once registered;</li>
<li class="mb-2">make a purchase from us;</li>
<li class="mb-2">
contact our Customer Support, either about an order or for any
other reason;
</li>
<li class="mb-2">click on STEMMechanics banners, hyperlinks or plugins;</li>
<li class="mb-2">interact with us on our social media;</li>
<li class="mb-2">or have a conversation with our team members</li>
</ul>
<p class="mb-2">
(b) From third parties such as our related entities, business or
commercial partners, and
</p>
<p class="mb-2">(c) From publicly available sources of information.</p>
<p class="mb-2">
We may also collect information from you online. See more
information in clause 6.
</p>
<x-heading class="mt-8">3. How we hold your Personal Information</x-heading>
<p class="mb-2">
We may store your Personal Information in hard copy or electronic
format, in facilities that we own and operate ourselves, or that are
owned and operated by our service providers. We take the privacy and
security of your Personal Information seriously and we use a number
of procedures and processes to ensure, where possible, the security
and integrity of your Personal Information.
</p>
<p class="mb-2">We protect your Personal Information by:</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">Restricting access to Personal Information;</li>
<li class="mb-2">
Maintaining technology products to prevent unauthorised computer
access;
</li>
<li class="mb-2">
Securely destroying your Personal Information when it is no
longer needed for our record retention purposes.
</li>
</ul>
<p class="mb-2">
To further secure your credit card, we also don't keep details of
your credit card information, including the security code (or CCV
number) that you need to input in order to complete an order using
your credit card.
</p>
<p class="mb-2">
However, no data transmission over the internet can be guaranteed as
completely secure. Once any information is in our possession, we
will take reasonable steps to protect that information from misuse,
loss, unauthorized access, and modification or disclosure. While we
strive to protect such information, we cannot guarantee 100% the
security of any information (personal or other) you transmit to us.
Therefore, we will not be liable for any breach of security or
unintended loss or disclosure of information due to the Site being
linked to the Internet.
</p>
<x-heading class="mt-8">4. How we use your information</x-heading>
<p class="mb-2">
We may use your information for a range of different purposes,
including:
</p>
<p class="mb-2">(a) to provide products and services to you;</p>
<p class="mb-2">
(b) to communicate with you, including about products and services,
competition results, special offers, and events which might interest
you;
</p>
<p class="mb-2">
(c) to answer your questions and provide you with information or
advice;
</p>
<p class="mb-2">
(d) to create orders, transaction records, agreements for the sale
of products or services, accounts, tax invoices or receipts;
</p>
<p class="mb-2">
(e) to gain an understanding your information to improve or develop
our products and services;
</p>
<p class="mb-2">(f) to provide you with better customer services;</p>
<p class="mb-2">(g) to perform research and analysis;</p>
<p class="mb-2">
(h) to carry out administration, marketing, planning, fraud and loss
prevention activities, procurement, product and service development,
quality control and research to improve the way STEMMechanics and
our related bodies corporate and service providers provide products
and services to you; and;
</p>
<p class="mb-2">
(i) to comply with laws or regulations or to comply with any
directions given by regulators or authorities.
</p>
<p class="mb-2">
We may also use your information so that we, our related entities,
other business or commercial partners can promote and market
products, services and special offers that will be of interest to
you (which may include products, services and offers provided by a
third party).
</p>
<p class="mb-2">
We collect aggregated information about you which informs us about
our users. The browser information we collect is used in an
aggregated, anonymous manner in our internal analysis of traffic
patterns within our Site. This information is used by us to
administer and improve our education and training products and
services.
</p>
<x-heading class="mt-8">5. When we disclose your information</x-heading>
<p class="mb-2">
We engage a range of third parties to provide services and perform
business support functions for us. Some of those third parties need
access to Personal Information in order to provide the services or
perform the functions we require. Therefore, we may disclose your
information to these third parties to:
</p>
<p class="mb-2">
(a) assist us in providing products and services you have requested,
such as delivery service providers and fulfilment managers;
</p>
<p class="mb-2">(b) conduct market research and marketing strategy analysis; and</p>
<p class="mb-2">
(c) manage or develop our business and corporate strategies and
functions.
</p>
<p class="mb-2">
Where we share your Personal Information with third party service
providers, they will be contractually bound to use the information
only for the purposes of providing the services or performing the
functions required by us and to store the information securely, for
example, storing in non-human readable form to ensure the security
of your information.
</p>
<x-heading class="mt-8">6. Cookies</x-heading>
<p class="mb-2">
We use "cookies" when you visit our Site. It is a technology that
enables us to operate an efficient service and track the patterns of
behaviour of visitors to the Site. There are four main types of
cookies - here's how and why we use them.
</p>
<p class="mb-2">
(a) Site functionality cookies - these cookies allow you to navigate
the Site and use our features, such as "Add to Bag" and "Add to
Wishlist".
</p>
<p class="mb-2">
(b) Site analytics cookies - these cookies allow us to measure and
analyse how our customers use the Site, to improve both its
functionality and your shopping experience.
</p>
<p class="mb-2">
(c) Customer preference cookies - when you are browsing, these
cookies will remember your preferences (like your language or
location), so we can make your shopping experience as seamless as
possible, and more personal to you.
</p>
<p class="mb-2">
(d) Targeting or advertising cookies - these cookies are used to
deliver marketing and advertising materials that are relevant to
you. They also limit the number of times that you see an ad and help
us measure the effectiveness of our marketing campaigns.
</p>
<p class="mb-2">
By using our Site, you agree to us placing these sorts of cookies on
your device and accessing them when you visit the Site in the
future. You can modify the settings on your device to prevent cookie
use. Please note by disabling cookies, you user experience may be
affected and you might not be able to take advantage of certain
functions of our Site.
</p>
<x-heading class="mt-8">7. How to access or correct your Personal Information</x-heading>
<p class="mb-2">
Under the Privacy Act, individuals have a right to complete access
to their records. You may ask us in writing to provide you with
details of the Personal Information we hold about you. We will
endeavour to process your request as soon as practicable.
</p>
<p class="mb-2">
If you wish for your Personal Information to be removed from our
database, please contact us at
<a href="{{ route('contact') }}"
>https://www.stemmechanics.com.au/contact</a
>.
</p>
<x-heading class="mt-8">8. How to make a complaint about a breach of privacy</x-heading>
<p class="mb-2">
If you wish to exercise any of your rights under this Privacy
Policy, have any questions, comments or complaints regarding our
practices, or if you are of the view that we have not adhered to
this Privacy Policy, you can contact us by email to
<a href="mailto:hello@stemmechanics.com.au"
>hello@stemmechanics.com.au</a
>. You can find more information about privacy and the protection of
your Personal Information on the website of the OAIC at
<a href="https://www.oaic.gov.au">https://www.oaic.gov.au</a>.
</p>
<x-heading class="mt-8">9. Changes to this Policy</x-heading>
<p class="mb-2">
Please note that this Privacy Policy forms part of the Terms and
Conditions for use of the Site and forms part of the Agreement
between you and us. We may, from time to time, amend this Privacy
Policy, in whole or part, in our sole discretion. Any changes to
this Privacy Policy will be effective immediately upon the posting
of the revised Privacy policy on the Site. Depending on the nature
of the change, we may announce the change on the Site or by email if
we have your email address. However, in any event, by continuing to
use the Site following any changes, you will be deemed to have
agreed to such changes. If you do not agree with the terms of this
Privacy Policy, as it may be amended from time to time, in whole or
partly, you must terminate your use of the Site.
</p>
</x-container>
</x-layout>

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<x-layout>
<x-mast>Terms and Conditions</x-mast>
<x-container class="pt-8">
<p class="mb-2">
Please read these terms carefully. By accessing or using our website
and online servers, you agree to be bound by these terms and
conditions. Do not use this site or our other online services if you
if you do not agree to all of these terms. If you have any questions
regarding the use of our site, please contact us. These Terms and
Conditions ("Terms") apply to your access to, and use of the website
(stemmechanics.com.au) and online services (collectively, the
"Sites") of STEMMechanics. ("STEMMechanics"). The Terms do not alter
in any way the terms or conditions of any other agreement you may
have with STEMMechanics, or our subsidiaries or affiliates, for
products, services or otherwise. If you are using the Sites on
behalf of any entity, you represent and declare that you are
authorized to accept these Terms on such entity's behalf and that
such entity agrees to indemnify you and STEMMechanics for its
violations of these Terms.
</p>
<x-heading class="mt-8">1. Eligibility, registration & account</x-heading>
<p class="mb-2">
You must be 18 years of age to use the Website. If you are under 18
years of age you must have the permission of your parent or guardian
to use the Site.
</p>
<p class="mb-2">
Until you are 18 years old, by using our online services you certify
that your parents or legal guardian has consented to your use and
agreed to these Terms and Conditions on your behalf, and you
acknowledge and agree that your use of our online services is at
their discretion. We may require your parents or legal guardian to
provide a written acknowledgement of these Terms and Conditions on
your behalf before we provide you with part of all of our online
services.
</p>
<p class="mb-2">
You also represent and warrant that you (a) have not previously been
suspended or removed from the Sites; (b) do not have more than one
Site account.
</p>
<p class="mb-2">
In consideration of your use of the Sites, you agree to (a) provide
accurate, current and complete information; (b) maintain and
promptly update your account information; (c) maintain the security
of your account credentials; (d) not share your account credentials
with others; and (e) promptly notify STEMMechanics if you discover
or otherwise suspect any security breaches related to the Sites.
</p>
<x-heading class="mt-8">2. Ownership of site content</x-heading>
<p class="mb-2">
Unless otherwise indicated on our Sites, the Sites and all content
and materials therein, including but not limited to the
STEMMechanics logo and all designs, text, graphics, pictures,
information, data, software, sound files, other files and the
selection and arrangement thereof (collectively, "Site Content") are
the proprietary property of STEMMechanics or our affiliates,
licensors, suppliers or users and are protected by international
copyright laws.
</p>
<p class="mb-2">
You are granted a limited, nonexclusive, non-sublicensable license
to access and use the Sites and electronically copy (except where
prohibited without a license) and print hard copy portions of the
Site Content for your informational, non-commercial and personal
use. Such license is subject to these Terms and excludes: (a) any
resale of the Sites or Site Content; (b) the collection and use of
any product listings, pictures or descriptions; (c) the
distribution, public performance or public display of any Site
Content; (d) modifying or otherwise making any derivative uses of
the Sites and the Site Content, or any portion thereof; (e) use of
any data mining, robots or similar data gathering or extraction
methods; (f) downloading (other than page caching) of any portion of
the Sites, the Site Content or any information contained therein,
except as expressly permitted on the Sites or pursuant to separate
terms; or (g) any use of the Sites or the Site Content other than
for its intended purpose. Any other use of the Sites or the Site
Content, without the prior written permission of STEMMechanics, is
strictly prohibited and will terminate the license granted herein.
Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is
revocable at any time.
</p>
<x-heading class="mt-8">3. Hyperlinks</x-heading>
<p class="mb-2">
You are granted a limited, non-exclusive right to create a text
hyperlink to the Sites for non-commercial purposes, provided such
link does not portray STEMMechanics or any of our products and
services in a false, misleading, derogatory or otherwise defamatory
manner and provided further that the linking site does not contain
any adult or illegal material or any material that is offensive,
harassing or otherwise objectionable. This limited right may be
revoked at any time. You may not use a STEMMechanics logo or other
proprietary graphic of STEMMechanics to link to the Sites without
the express written permission of STEMMechanics. Further, you may
not use, frame or utilize framing techniques to enclose any
STEMMechanics logo or other proprietary information, including the
images found at the Sites, the content of any text or the
layout/design of any page or form contained on a page on the Sites
without STEMMechanics' express written consent.
</p>
<p class="mb-2">
STEMMechanics makes no claim or representation regarding the
quality, content, nature or reliability of third-party websites
accessible by hyperlink from the Sites, or websites linking to the
Sites. Such sites are not under the control of STEMMechanics and
STEMMechanics provides these links to you only as a convenience. The
inclusion of any link does not imply affiliation, endorsement or
adoption by STEMMechanics of any site or any information contained
therein. When you leave our Sites, you should be aware that our
terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Sites.
</p>
<x-heading class="mt-8">4. User content</x-heading>
<p class="mb-2">
The Sites may include discussion blogs, profiles, product reviews or
other interactive features or areas (collectively, "Interactive
Areas"), in which you or other users create, post, transmit or store
any content, such as text, photos, video, graphics or code on the
Sites ("User Content"). User Content is publicly-viewable and
includes your profile information and any content you post pursuant
to your profile, but it does not include your stemmechanics.com.au
account information (also known as "Your STEMMechanics Account" or
"Your Account") or information you submit in order to make a
purchase. You agree that you are solely responsible for your User
Content and for your use of such Interactive Areas, and that you use
the Interactive Areas at your own risk.
</p>
<p class="mb-2">
By using any Interactive Areas, you agree not to post, upload to,
transmit, distribute, store, create or otherwise publish or send
through the Sites any of the following:
</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">
User Content that is unlawful, defamatory, obscene,
pornographic, indecent, lewd, suggestive, harassing,
threatening, abusive, inflammatory, fraudulent or otherwise
objectionable;
</li>
<li class="mb-2">
User Content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any
party or that would otherwise create liability or violate any
local, state, national or international law;
</li>
<li class="mb-2">
User Content that displays, describes or encourages usage of any
product we sell in a manner that could be offensive,
inappropriate or harmful to STEMMechanics or any user or
consumer or that is contrary to any instructions or warnings
relating to the product (safety concerns can be reported here);
</li>
<li class="mb-2">
User Content that may impinge upon or violate the publicity,
privacy or data protection rights of others, including pictures,
videos, images or information about another individual where you
have not obtained such individual's consent;
</li>
<li class="mb-2">
User Content that makes false or misleading statements, claims
or depictions about a person, company, product or service;
</li>
<li class="mb-2">
User Content that does not clearly and prominently disclose any
material connections you may have to STEMMechanics or
third-party brands or sellers (for example, if you receive free
products or services or are a paid blogger or employee);
</li>
<li class="mb-2">
User Content that may infringe any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of
any party;
</li>
<li class="mb-2">
User Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
</li>
<li class="mb-2">
Viruses, malware of any kind, corrupted data or other harmful,
disruptive or destructive files or code; and
</li>
<li class="mb-2">
User Content that, in the sole judgment of STEMMechanics,
restricts or inhibits any other person from using or enjoying
the Sites or which may expose STEMMechanics or our users to any
harm or liability of any type.
</li>
</ul>
<p class="mb-2">
Enforcement of the Terms, however, is solely in our discretion and
the absence of enforcement of these Terms in some instances does not
constitute a waiver of our right to enforce the Terms in other
instances. In addition, these Terms do not create any private right
of action on the part of any third party or any reasonable
expectation or promise that the Sites will not contain any content
that is prohibited by such Terms. Although STEMMechanics has no
obligation to screen, edit or monitor any of the User Content posted
on the Sites, STEMMechanics reserves the right, and has absolute
discretion, to remove, screen or edit any User Content posted or
stored on the Sites at any time and for any reason without notice,
and you are solely responsible for creating backup copies and
replacing any User Content you post or store on the Sites at your
sole cost and expense.
</p>
<p class="mb-2">
Any use of the Sites in violation of these Terms may result in,
among other things, termination or suspension of your rights to use
the Sites.
</p>
<x-heading class="mt-8">5. Rights in user content</x-heading>
<p class="mb-2">
Except as otherwise provided herein, on the Sites or in a separate
agreement with us (such as the rules of a STEMMechanics photo
sharing contest), STEMMechanics claims no ownership or control over
any User Content. However, by submitting or posting User Content on
the Sites, you grant STEMMechanics and our subsidiaries and
affiliates a nonexclusive, royalty-free, world-wide, perpetual,
irrevocable, transferable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such User Content on the
Sites and on third-party sites and in all other media or formats,
whether currently known or hereafter developed, for any purpose and
without any compensation to you. You also grant users of the Sites
the right to access your User Content in connection with their use
of the Sites. If you choose to remove your User Content, the license
granted above will automatically expire; however, you acknowledge
that there may be exceptions (for example, you cannot delete a vote
you submitted that has already been counted or your purchase
history). In addition, we may retain archived copies of your User
Content and cached copies of your User Content may still be
available for some period of time.
</p>
<p class="mb-2">
By posting User Content to the Sites, you represent and warrant that
(a) such User Content is non-confidential; (b) you own and control
all of the rights, title and interest in and to the User Content or
you otherwise have all necessary rights to post and use such User
Content to the Sites and to grant the rights to STEMMechanics that
you grant in these Terms; (c) the User Content is accurate and not
misleading or harmful in any manner; and (d) the User Content, and
your use and posting thereof in connection with the Sites, do not
and will not violate these Terms, our Site Rules, any other
applicable STEMMechanics terms, guidelines or policies or any
applicable law, rule or regulation.
</p>
<x-heading class="mt-8">6. Feedback</x-heading>
<p class="mb-2">
Separate and apart from User Content, you have the ability to submit
questions, comments suggestions, reviews, ideas, plans, designs,
notes, proposals, drawings, original or creative materials and other
information regarding the Sites, STEMMechanics and our products or
services (collectively "Feedback"). You agree that Feedback is
non-confidential and shall become the sole property of
STEMMechanics. STEMMechanics shall own exclusive rights, including
all intellectual property rights, in and to such Feedback and shall
be entitled to the unrestricted use and dissemination of the
Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. Do not send us Feedback if
you expect to be paid or want to continue to own or claim rights in
them; your idea might be great, but we may have already had the same
or a similar idea and we do not want disputes.
</p>
<x-heading class="mt-8">7. User conduct</x-heading>
<p class="mb-2">
You agree that you will not violate any law, contract or
intellectual property or other third party right or commit a tort
and that you are solely responsible for your conduct while accessing
or using the Sites. You also agree to abide by our Site Rules and
that you will not:
</p>
<ul class="mb-2 list-disc pl-8">
<li class="mb-2">
Use the Sites in any unlawful manner or in any manner that could
damage, disable, overburden or impair the Sites;
</li>
<li class="mb-2">
Send unsolicited or unauthorized advertising, solicitations,
promotional materials, spam, junk mail, chain letters and
pyramid schemes, or harvest or collect email addresses or other
contact information of other users from the Sites for the
purposes of sending spam;
</li>
<li class="mb-2">
Use any robot, spider, crawler, scraper or other automated means
or interface not provided by us to access the Sites or to
extract data;
</li>
<li class="mb-2">
Reverse engineer any aspect of the Sites or do anything that
might discover source code or bypass or circumvent measures
employed to prevent or limit access to any area, content or code
of the Sites (except as otherwise expressly permitted by law);
</li>
<li class="mb-2">
Solicit personal information from anyone under 18 or solicit
passwords or personally identifying information for commercial
or unlawful purposes;
</li>
<li class="mb-2">
Use or attempt to use another's account without authorization
from STEMMechanics;
</li>
<li class="mb-2">
Attempt to circumvent any content filtering techniques we employ
or access any service or area of the Sites that you are not
authorized to access;
</li>
<li class="mb-2">
Engage in any harassing, intimidating, predatory or stalking
conduct;
</li>
<li class="mb-2">
Develop any third-party applications that interact with User
Content and our Sites;
</li>
<li class="mb-2">
Interfere with or damage the operation of the Sites or introduce
to the Sites or its users any viruses, malware, corrupted data
or other harmful, disruptive or destructive files or code; or
</li>
<li class="mb-2">
"Frame" our Sites or otherwise make it look like you have a
relationship to us or that we have endorsed you for any purpose.
</li>
</ul>
<p class="mb-2">
In addition to the above rules, you also agree to abide by any
additional STEMMechanics rules in relation to any organised Forum,
Chat, Game and/or Realm Servers.
</p>
<p class="mb-2">
STEMMechanics has no obligation to monitor any user conduct on the
Sites, and STEMMechanics reserves the right and has absolute
discretion to monitor any user conduct on the Sites at any time and
for any reason without notice. STEMMechanics does not approve or
endorse any user-posted meetings or events referenced on the Sites
and STEMMechanics recommends exercising caution before contacting or
meeting anyone (online or offline) that is unfamiliar to you.
</p>
<x-heading class="mt-8">8. No third-party beneficiaries</x-heading>
<p class="mb-2">
These Terms are for the benefit of, and will be enforceable by, the
parties only. These Terms are not intended to confer any right or
benefit on any third party or to create any obligations or liability
of a party to any such third party.
</p>
<x-heading class="mt-8">9. Indemnification</x-heading>
<p class="mb-2">
To the fullest extent permitted by applicable law, you agree to
defend, indemnify and hold harmless STEMMechanics and our
subsidiaries and affiliates, and our respective, directors,
employees, independent contractors, service providers and
consultants, from and against any claims, damages, costs,
liabilities and expenses (collectively, "Claims") arising out of or
related to (a) your access to and use or misuse of the Sites; (b)
any User Content you post, upload, use, distribute, store or
otherwise transmit on or through the Sites; (c) any Feedback you
provide; (d) your violation of these Terms; and (e) your violation
of any rights of another.
</p>
<x-heading class="mt-8">>10. Disclaimers</x-heading>
<p class="mb-2">
Except as expressly provided, the Sites, Site Content, User Content
and services provided on or in connection with the Sites
(collectively, "Complete Site") are provided on an "AS IS" and "WITH
ALL FAULTS" basis without representations, warranties or conditions
of any kind, either express or implied. STEMMECHANICS DISCLAIMS ALL
OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND
NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING
OR COURSE OF PERFORMANCE. STEMMechanics does not represent or
warrant that the Complete Site is accurate, complete, reliable,
current or error-free. STEMMechanics does not represent or warrant
that the Sites or our servers are free of viruses or other harmful
components.
</p>
<p class="mb-2">
The Site Content, including, but not limited to, STEMMechanics
videos and "Expert Advice" articles, is general in nature and must
be used with an appreciation for the differing capabilities among
individual users and the differing demands placed on equipment and
techniques by the wide variety of circumstances that can be
encountered in outdoor recreation. The information is not a
substitute for in-person guidance by a qualified instructor.
</p>
<x-heading class="mt-8">11. Liability</x-heading>
<p class="mb-2">
To the fullest extent permitted by applicable law, in no event shall
the STEMMechanics parties be liable for any special, indirect,
incidental or consequential damages, including, but not limited to,
loss of use, loss of profits or loss of data, whether in an action
in contract, tort (including, but not limited to, negligence) or
otherwise, arising out of or in any way connected to the access or
use of the complete site, your online or offline interactions with
other site users, or otherwise related to these terms, including but
not limited to any damages that result from events beyond our
reasonable control, such as interruptions to all or portions of the
complete site, deletion of files or email, errors or omissions,
defects, viruses, delays in operation or transmission or failure of
performance, whether or not resulting from acts of god,
communications failure, theft, destruction or unauthorized access to
an STEMMechanics party's records, programs or services.
</p>
<x-heading class="mt-8">12. Modifications to site</x-heading>
<p class="mb-2">
STEMMechanics reserves the right to modify or discontinue,
temporarily or permanently, the Sites or any features or portions
thereof without prior notice.
</p>
<x-heading class="mt-8">13. Termination</x-heading>
<p class="mb-2">
You may terminate the Terms at any time by closing your account,
discontinuing your use of the Sites and providing STEMMechanics with
a notice of termination. STEMMechanics reserves the right, without
notice and in our sole discretion, to terminate your right to use
the Sites, or any portion of the Sites, and to block or prevent your
future access to and use of the Sites or any portion of the Sites.
</p>
<x-heading class="mt-8">14. Severability</x-heading>
<p class="mb-2">
If any provision of these Terms shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions.
</p>
<x-heading class="mt-8">15. Ordering online</x-heading>
<p class="mb-2">
Upon completing your order and submitting it through the checkout
system, an order reference number will be issued to you via a
confirmation email. We will not process your order until it has
passed our internal validation procedures, for the purpose of
preventing credit card or payment fraud. Upon processing your order
and receiving payment we will send you a confirmation email which is
your Tax Invoice. We reserve the right to refuse service or supply
of the products or to terminate the contract and/or your account at
our sole discretion. If we cannot process your order after receiving
payment, we will contact you using the details entered at the
checkout. By placing an order with stemmechanics.com.au, you declare
that will not be on-selling the product(s) to another person(s) for
financial gain.
</p>
<p class="mb-2">
In the instance that you need to cancel or edit your order of a
physical item; if you fail to notify us before your order has been
dispatched, you can incur a return to sender delivery fee of $25. To
avoid any fees associated when cancelling/editing your order, you'll
need to notify receive confirmation from a STEMMechanics customer
support team member before the order has been dispatched from our
premises.
</p>
<p class="mb-2">
Digital items cannot be cancelled or edited after receiving payment.
</p>
<x-heading class="mt-8">16. Pricing & availability</x-heading>
<p class="mb-2">
All prices are shown in Australia dollars (AUD). All items are
subject to availability and we reserve the right to impose quantity
limits on any order, to reject all or part of an order and to
discontinue products or services without notice, even if you have
already placed your order. All prices are subject to change without
notice. Prices displayed on the Sites may vary from those in the
store or from store-advertised prices. All purchases on applicable
products include GST at the rate of 10%.
</p>
<x-heading class="mt-8">17. Errors</x-heading>
<p class="mb-2">
We attempt to be as accurate as possible and eliminate errors on the
Sites; however, we do not warrant that any product, service,
description, photograph, pricing or other information is accurate,
complete, reliable, current or error-free. In the event of an error,
whether on the Sites, in an order confirmation, in processing an
order, delivering a product or service or otherwise, we reserve the
right to correct such error and revise your order accordingly if
necessary (including charging the correct price) or to cancel the
order and refund any amount charged. Your sole remedy in the event
of such error is to cancel your order and obtain a refund.
</p>
<x-heading class="mt-8">18. Out of stock / pre-order items</x-heading>
<p class="mb-2">
If the colour or size you want is not listed in the "Choose Your
Colour/Size" drop-down box on the Product Information page, it is
not then available for ordering. Please check back later. If the
colour or size you want has an Out of Stock label, it is on
backorder and available for pre-order. Sometimes we will not know in
advance that product is unavailable, so when you place items in your
Cart you will be asked if you would like to pre-order them. If you
indicate yes, the item will be sent to you once it becomes
available. Note that some items may be backordered or unavailable
even if the Sites indicate that they are in-stock, and adding an
item to your Cart does not guarantee the availability of that item.
If you have items on pre-order that you would like to cancel, please
contact us.
</p>
<x-heading class="mt-8">19. Agreement to Conduct Transactions Electronically; Recording; Copies</x-heading>
<p class="mb-2">
You agree that all of your transactions with or through the Sites
may, at our option, be conducted electronically from start to
finish, and that any oral conversations may be recorded. If we
decide to proceed non-electronically, those transactions will still
be governed by the remainder of these Terms unless you enter into
different terms provided by us. You are responsible to print or make
an electronic a copy of these Terms and any other contract or
disclosure that we are required to provide to you.
</p>
<x-heading class="mt-8">20. Payment</x-heading>
<p class="mb-2">
We currently accept Visa and Mastercard online. Only valid credit
cards or other payment method acceptable to us may be used and all
refunds will be credited to the same card or, in our discretion,
other method. By submitting your order, you represent and declare
that you are authorized to use the designated card or method and
authorize us to charge your order (including taxes, delivery costs,
handling and any other amounts described on the Sites) to that card
or other method. If the card (or other method) cannot be verified,
is invalid, or is not otherwise acceptable, your order may be
suspended or cancelled automatically.
</p>
<x-heading class="mt-8">21. Third-party sellers / on-sellers (buying & selling)</x-heading>
<p class="mb-2">
You may not place orders with the intention to immediately
on-forward the products to another person in a business transaction
(via marketplaces such as eBay etc), without the express written
permission of STEMMechanics.
</p>
<p class="mb-2">
In the instance that you, a customer who has received a
STEMMechanics order via an on-forwarder, then you forfeit your right
to make; a) a warranty claim or b) refund or exchange with
STEMMechanics. As per Australian Consumer Law or Consumer Guarantee,
the reseller who has conducted the transaction must address the
warranty and refunds directly with the manufacturer at their own
cost and loss.
</p>
<p class="mb-2">
If a reseller who has conducted the transaction is requesting that
STEMMechanics send the product directly to the customer then they
are engaging in Misleading Breach of the Law. The two laws are:
Section 18 of the act which relates to Passing Off, and Trading on
the Goodwill of Another Business - and, section 29 1 G which relates
to Affiliation (misleading the customer that the seller works for
the Retailer, in this case STEMMechanics). This can be made obvious
by the reseller's customer receiving a Tax Invoice for the products
with STEMMechanics letterhead and other documentation supplied by
STEMMechanics Outdoors, misleading the customer to think they are
buying from a reputable store instead of a reseller, often just a
consumer. Exceptions to this would be if the reseller has an ABN or
ACN that relates solely and specifically to reselling products
purchased from a Retailer, to their customer base. They will still
be responsible for warranty and after sales service but this is
allowed under the Law.
</p>
</x-container>
</x-layout>