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Conditions of use

Conditions Of Use

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These ‘Terms of Use’ were updated in February 2012 and comprise the terms on which you use the www.primosmallgoods.com.au internet website.

In these Terms of Use: PRIMO refers to P&M Quality Smallgoods Pty Ltd (ABN 67 002781142), 18 Hume Highway Chullora NSW 2190

Program Website refers to this website, www.primosmallgoods.com.au

Affiliates refers to any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of Primo.


1. Your Agreement to these Terms and Your Use of this Program Website

Your use of this Program Website, including accessing or browsing the Program Website, is deemed to be your acceptance of these Terms of Use and the Privacy Policy. Please read both of them carefully. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Program Website immediately and refrain from using the Program Website in the future.

You acknowledge that Primo may conduct competitions and programs via this Program Website, and these will be governed by separate terms and conditions, which will apply to those competitions and programs in addition to these Terms of Use.

Your use of the Program Website is also subject to any other law or regulation that applies to the Program Website, the internet or the worldwide web.

The content on the Program Website is protected by copyright laws in Australia and overseas. The Program Website and its content are made available for your personal entertainment, information and communication only, and all content is provided for your non-commercial use only. You must not reproduce, distribute, modify, transmit, reuse, repost, or use the content of the Program Website for public or commercial purposes, including the text, images, audio and video without the written permission of Primo.

The Program Website is intended for use by residents of the Commonwealth of Australia only. All of the terms and conditions found on this Program Website, including those within these Terms of Use are governed by the laws of New South Wales. By entering the Program Website you agree to submit to the exclusive jurisdiction of the New South Wales courts in the event of any dispute. Although Australian websites may be accessed outside of Australia, Primo makes no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Program Website by electronic mail or by direct entry or otherwise, will be collected, used and disclosed by Primo in accordance with the Privacy Policy. Please click here to read the Privacy Policy. Any other communication or material you transmit to the Program Website that is not personally identifiable, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

By submitting content to the Program Website, you:
• grant Primo a perpetual, worldwide, royalty free, irrevocable and transferable licence in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability; and
• warrant that the content is yours and does not (nor will Primo’s use of the content under the above licence) infringe the rights or privacy of any third party.
Primo reserves the right to release your personal information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these Terms of Use.

Primo may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.


2. Conduct

You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Program Website.

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Primo to access and use the Program Website, you may download and view one (1) copy of any content and software on the Program Website to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact and comply with all copyright and other proprietary notices, unless Primo permits otherwise. Except as otherwise expressly authorised in writing in advance by Primo, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Program Website, or any materials made available through the Program Website. Certain software may be governed by an additional end user license agreement to which you may be required to agree before using such software.

If Primo provides you with a user name and password to facilitate your use of or access to the Program Website (“User Details”), or a particular section of the Program Website, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Primo is entitled to act on instructions received under your User Details. Primo cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.

If Primo permits you to post or transmit any material to the Program Website, you are prohibited from posting or transmitting any material which:

a) is unlawful, threatening, defamatory, obscene, scandalous, inflammatory or profane;

b) could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;

c) infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person;

d) infringes any of Primo’s rights or the rights of any third person including privacy rights;

e) breaches any laws, regulations, standards or codes as enacted modified or updated from time to time;

f) impersonates any person or suggests a connection to a group or organisation which is misleading;

g) advocates the use of force or violence towards any person;

h) contains a virus or other code that has harmful or destructive properties; or

i) is for commercial purposes, or which contains any promotional material or advertising.

Primo reserves the right to edit, refuse to post, or to remove content submitted by you in its sole discretion.
You are solely responsible for any content or material which you post on the Program Website or access when using the Program Website, or which is posted by another person using your User Details. Primo excludes all liability (to the extent permitted by law) for any loss, damage or expenses suffered by you or claims made against you arising from content or material which you post on the Program Website, or which is posted by another person (whether using your User Details or otherwise).
Primo will take reasonable steps to ensure the security and confidentiality of material which you post onto the Program Website. However, Primo and its Affiliates cannot guarantee against any loss, damage, alteration or misuse of the content or material, and will not be responsible (to the fullest extent permitted by law) for any harm that you or any other person may suffer in connection with any loss, damage, alteration or misuse of material posted onto the Program Website.
Primo will fully cooperate with any law enforcement authorities or court order requesting or directing Primo to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Program Website.

Please note that visitors to the Program Website may post messages or make statements that are inaccurate, misleading, deceptive, or offensive. To the fullest extent permitted by law, Primo and its Affiliates neither endorse nor are responsible for any opinion, advice, information or statements made by third parties, including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials.


3. Primo’s Liabilities to You

Primo and its Affiliates cannot guarantee the accuracy, currency or completeness of the content provided on the Program Website and, to the fullest extent permitted by law, assume no liability or responsibility for any errors or omissions in the content of the Website.

Your use of and browsing in the Program Website are at your risk. To the fullest extent permitted by law, neither Primo nor its Affiliates, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Program Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, the Program Website. You are advised that there are risks associated with activities related to the world wide web and incurred by using the internet and world wide web, and these risks arising from your use are borne by you.

Primo makes no warranty that the Program Website will meet users’ requirements, that the Program Website will be uninterrupted, timely, secure, or error free. You acknowledge and agree that any information or material and/or goods or services obtained through the Program Website is obtained at your discretion and risk.

Primo also assumes no responsibility, and shall not be liable (to the fullest extent permitted by law) for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use or browsing in the Program Website, or your downloading of any materials. Everything on the Program Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Please note that the Competition and Consumer Act 2010 (Cth) and other similar legislation may confer rights and remedies on you in relation to the provision by Primo of goods or services on this Program Website which cannot be excluded, restricted or modified (“Non-Excludable Rights”). Notwithstanding the foregoing paragraph, Primo does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, Primo’s liability for breach of Non-Excludable Rights is limited, at the option of

Primo, to:

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such 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.

Primo prohibits the use of another internet service to send or post unsolicited emails to drive visitors to your site through the Program Website, whether or not the messages were originated by you, or under your direction or by or under the direction of a related or unrelated third party, and may take any necessary action to stop such activity wherever detected.

Primo has not reviewed any or all of the sites linked to the Program Website and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Program Website. The inclusion of such links on the Program Website is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Primo does not accept any liability or responsibility (to the fullest extent permitted by law) for any cookies, data or personal information collected by other linked sites accessed through this site, nor the linked sites.


4. Your liability to Primo

You agree to defend, indemnify and hold harmless Primo, its Affiliates, and any other party involved in creating, producing or delivering the Program Website, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of:

(a) your use of, or activities in connection with, the Program Website;

(b) any violation of these Terms of Use; or

(c) any allegation that any user content that you make available or create through the Program Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.


5. Intellectual Property

All trade marks are either trade marks of Primo or its Affiliates, or are used on the Program Website with the permission of their respective owners. You must not use any registered or unregistered trade marks on the Program Website without either Primo’s prior written permission or the prior written permission of the relevant trade mark owner. Nothing contained on the Program Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark displayed on the Program Website without the express written permission of Primo or the relevant trade mark owner.

You should assume that everything you see or read on the Program Website is protected by copyright unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Program Website without the written permission of Primo. Primo does not warrant or represent that your use of materials displayed on the Program Website will not infringe rights of third parties.

Images of people, product or places displayed on the Program Website are either the property of, or used with permission by Primo. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Program Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You are also advised that Primo or its Affiliates, in their sole discretion, may choose to aggressively enforce its or its Affiliates’ intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction.
a. Breach of these Terms of Use

Primo may, in its sole discretion, prevent you from accessing the Program Website or remove and discard any content within the Program Website if, for any reason, including without limitation, if Primo believes that you have violated or acted inconsistently with these Terms of Use.

Failure of Primo to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. Primo reserves the right to contact any authority or other relevant party and disclose any information (including personal information in accordance with the Privacy Policy), or take legal action, regarding your conduct at the Program Website its sole discretion.

TERMS AND CONDITIONS Navigation Show below Hide below

1. Interpretation
1.1 Unless otherwise inconsistent with the context the word ‘person’ shall also mean corporation.
1.2 ‘Goods’ shall include services.
1.3 Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
1.4 The company/companies shall mean PRIMO MEATS PTY LTD -A.C.N. 002 727 166, and its subsidiaries.
1.5 Every covenant, agreement or warranty expressed or implied in this agreement by which more persons than one covenant, agree or warrant shall bind such persons and every two or more of them jointly and each of them severally, unless otherwise, specifically provided and every covenant, agreement or warranty expressed or implied in this Agreement by which a person covenants, agrees or warrants in favour of more persons than one shall be enforceable by such persons and every two or more of them jointly and each of them severally unless otherwise specially provided.

2. Delivery
2.1 The company/companies reserve the right to deliver by instalments and if delivery is made by instalments the purchaser shall not be entitled to terminate or cancel the contract.
2.2 Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment or prior orders at the date of receipt of the purchaser’s order.

3. Payment
3.1 Unless otherwise agreed in writing payment terms are as listed below.
3.2 This term as to the payment shall be of the essence of the contract.

4. Title
4.1 Notwithstanding the delivery of the goods or part thereof the goods remain the sole and absolute property of the company/companies as full legal and equitable owner until such time as the purchaser shall have paid the company/companies the full purchase price together with any other money owing by him to the company/companies (Money Owing).
4.2 The purchaser acknowledges that he receives possession of and holds goods delivered by the company/companies solely as Bailee for the company/companies until such time as the Money Owing in connection with such goods is paid to the company/companies .
4.3 Until such time as the purchaser becomes the owner of the goods, he will
(a) store them on the premises separately
(b) ensure that the goods are kept in good and serviceable condition
(c) secure the goods from risk, damage and theft; and
(d) keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the purchaser.
4.4 (a)The company/companies authorises the purchaser to sell goods as its agent until the Money Owing in respect of such goods is paid in full. However, the purchaser shall not represent to any third parties that it is acting in any way for the company/companies. The company/ companies will not be bound by any contracts with third parties to which the purchaser is a party.
(b) Records shall be kept by the purchaser of any goods owned by the company/companies.
(c) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for the company/companies. The purchaser shall account to the company/ companies by applying such proceeds towards payment of the Money Owing.
(d) The purchaser is entitled to a period of credit, but if prior to the expiration of the period to the period of credit the goods are sold and the proceeds of sale received the purchaser shall account forthwith to the company/companies for the price of the goods forthwith.
(e) Should the purchaser die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws or being a company calls a meeting for the purpose of or to go into liquidation or has a winding-up petition presented against it or has a receiver or administrator appointed, the company/companies may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract suspend or cancel this contract or require payment in cash before or on delivery or lender of goods or documents notwithstanding terms of payment previously specified or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
4.5 In the event that the purchaser uses the goods/product in some manufacturing or construction process of its own or some third party, then the purchaser shall hold such part of the proceeds of such manufacturing or construction process as relates to the goods/ product in trust for the company/companies. Such part shall be deemed to equal in dollar terms the amount owing by the purchaser to the company/companies at the time of the receipt of such proceeds.
4.6 If the purchaser does not pay for any goods on the due date then the company/ companies is hereby irrevocably authorised by the purchaser to enter the purchaser’s premises (or any premises under the control of the purchaser or as agent of the at such premises) and use reasonable force to take possession of the goods without liability for the tort trespass, negligence or payment of any compensation to the purchaser whatsoever.
4.7 On retaking possession of the goods the company/companies may elect to refund to the purchaser any part payment that may have been made and to credit the purchaser’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods.

5. Claims
5.1 The company/companies shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or damage deterioration deficiency or other fault or harm in the goods manufactured work executed or services provided by or on behalf of or in any arrangement with the company/companies or occasioned to the purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of the company/companies its servants or agents.
5.2 The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.

6. Returns
6.1 For Primo Smallgoods and Primo product, sales are made on the basis of sale or return. Returns can only be authorised by a Primo representative.

7. Personal Property Securities Act (2009) (PPSA)
7.1 The purchaser consents to the company/companies effecting a registration on the PPSA register (in any manner the company/companies deems appropriate) in relation to any security interest in the goods and the proceeds of those goods arising under or in connection with or contemplated by these terms.
7.2 In these terms the following words have the respective meanings given to them in the PPSA: accession, commingled, financing statement, financing change statement, perfected, proceeds, register, registration, security interest and verification statement.
7.3 Notices or documents required or permitted to be given to the company/companies for the purposes of the PPSA must be given in accordance with the PPSA.
7.4 The purchaser waives its right to receive notice of a verification statement in relation to any registration by the company/companies on the register and any other notice required under the PPSA.
7.5 The purchaser agrees to promptly execute any documents, provide all relevant information (including date of birth and address), fully cooperate with the company/companies and do any other act or thing that the company/companies require(s) to ensure that any interest created under these terms is perfected and remains continuously perfected, has priority over any other security interests in the goods or otherwise and any defect in the security interest, including its registration, is overcome.
7.6 The purchaser must not, without providing prior written notice to the company/ companies, change its name, address, contact details or any other details that would cause any details in a financing statement to be different if the security interest was re-registered.
7.7 The purchaser must not, without the company’s prior consent, allow any of the goods to become an accession to, or commingled with, any property that is not subject to a security interest under these terms (provided that, subject to clause 4.5, the goods may be used in a manufacturing or construction process).
7.8 The purchaser will not register a financing change statement in respect of the security interest without the company’s prior written consent.
7.9 The purchaser agrees that, until all Money Owing to the company/companies is paid in full, it shall not sell or grant any other security interest in the goods to a person other than the company/companies.
7.10 The purchaser agrees that the company/companies may, at its/their absolute discretion, apply any amounts received from the purchaser toward Money Owing to the company/companies in such order as the company/companies may determine.
7.11 If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, the purchaser agrees that the following provisions of the PPSA will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires the company/companies to give a notice to the purchaser; section 96 (when a person with an interest in the whole may retain an accession); section 117 (security interests in personal property and land); section 118 (enforcement in accordance with land law); section 120 (enforcement of liquid assets -general); section 121(4) (enforcement of liquid assets – notice to grantor); section 123 (right to seize collateral); section 125 (obligation to dispose of or retain collateral); section 126 (apparent possession of collateral); section 127 (seizure by higher priority parties); section 128 (disposing of collateral); section 129 (disposal by purchase); section 130 (notice of disposal), to the extent that it requires the company/companies to give a notice to the purchaser; section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 134 (retention of collateral); section 135 (notice of retention); sections 136(3) – 136(5) (retaining collateral free of interests); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).
7.12 The company/companies agrees with the purchaser not to disclose information of the kind mentioned in section 275(1) of the PPSA except in circumstances required by section 275(7)(b)-(e).
7.13 The purchaser agrees to reimburse, upon demand, the company/companies for all costs incurred by the company/companies in relation to registering or maintaining any security interest, releasing in whole or in part the company’s security interest or any other document in respect of any security interest, and for the enforcement of any rights arising out of the company’s security interest.

8. Privacy
8.1 In this clause “Personal Information” has the same meaning as given to that term in the Privacy Act 1988 (Cth).
8.1 The purchaser must:
(a) ensure that, to the extent it collects any Personal Information, such Personal Information is collected, used, stored, disclosed and handled by the purchaser and its personnel in accordance with the Privacy Act 1988 (Cth), any other applicable law and the then current privacy policy of the company/companies;
(b) immediately notify the company/companies of:
(i) any complaint about the privacy of Personal Information received by the purchaser or its Personnel;
(ii) any request for access to Personal Information received by the purchaser or its Personnel;
(iii) any unauthorised access or disclosure or Personal Information, or other breach, or suspected breach, of the Privacy Act 1988 (Cth), and include details of the Personal Information affected; and
(c) comply with all directions of the company/companies in connection with any complaint or request referred to in clauses 8.1(b)(i) and 8.1(b)(ii) or any complaint or request received by the company/companies in connection with any Personal Information that is collected, used, stored, disclosed or handled by the purchaser or its personnel or any unauthorised access or disclosure or breach referred to in clause 8.1(b)(iii).