TERMS AND CONDITIONS
This website (Site) is operated by BSP Pty Limited trading as Memh (we, our or us). It is available at www.memh.com.au and may be available through other addresses or channels.
Legal Capacity: If you are under the age of eighteen (18) years you cannot place Orders with Memh. By accessing and/or using this Site, you acknowledge that you are over the age of eighteen (18) years.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Memh. Memh expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Memh reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Guests and Registered Users
- You may access and/or use the website as a guest or as a member.
- To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website.
- You will receive an email from us as soon as practicable after you create your membership account.
- We only permit one registration per email address.
- You must not use another members’ account without permission.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
- If you forget your password you may click on the relevant link located on the website and we will email you a new password.
- We reserve the right to terminate a member's account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
Legal Capacity: You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
- are over the age of eighteen (18) years;
- accept these terms;
- agree that you have entered into a legal contract with Memh in relation to these terms; and
- these terms, together with your order, constitute the entire agreement between you and Memh for the supply of products.
We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Memh may suffer as a result of a transaction entered into by a minor.
Product Specifications: Features and specifications of Products described or depicted on the Website are subject to change without notice. All weights and dimensions of Products described in the Website are approximate, and all images shown on the Website are for illustration purpose only. Photo colour may different from actual product due to the lighting during photo shooting and / or your monitor’s display.
Price: Prices shown are in Australian dollars and include GST where applicable. If paying your order by overseas credit card, you will be charged in your own currency at the conversion rate of your credit card company. Prices are subject to change. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.
Orders: You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Goods (Purchase Contract). Orders will be deemed to have been received by Memh at the time we send an Order confirmation to your nominated e-mail address. If you place an Order for someone else to receive the Goods you must obtain their consent before providing Memh with their personal information and, by placing an Order, you confirm to Memh that you have done this. Memh is an online business and will primarily communicate with Customers via e-mail. It is your responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. Memh reserves the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the Goods. In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. Order cannot be cancelled after dispatch of Goods. Where You have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt. The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed. Except to the extent otherwise required by law, Memh will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of these events or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Payment: All payments must be made in full prior to delivery. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email. Despite Our best efforts, on occasion it may be possible that a small number of the Goods in our range may be incorrectly priced on the Website. If We have made a mistake and a product’s correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your Order. If a product’s correct price is lower than the stated price on the Website, we will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send You the product. Stock levels displayed to you are accurate at the last known update, however, stock availability is subject to change. If there are any changes in available inventory at Memh in the time between you view a product, add an item to your Shopping Cart and commit to a purchase, and We are unable to fulfil your order, we will notify you as soon as possible.
Delivery: Standard delivery is free to mailing addresses in Australia. We will not deliver Goods to PO Box or Parcel Locker addresses. Title and risk in the goods, such as loss and damage, pass to you on delivery or collection, as the case may be. We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays. The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Memh. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, we will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this. If you select to collect your goods from a Memh designated address, Orders must be collected within 21 days of the relevant collection notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, Memh has the right to allocate those goods to another customer and reorder the goods for you.
Express Delivery: Express Post fees are calculated based on the weight and size of each product. Our system will automatically calculate the weight and the shipping cost you should pay will be shown at the end of the order process. Express Post is only available within the Express Post Network of Australia Post. Where your address is outside this network, Australia Post will use the fastest possible transport links, but it won’t be covered by their Next Day Guarantee.
International Delivery: International postage and handling fees are calculated based on the weight and size of each product. Our system will automatically calculate the weight and the shipping cost you should pay will be shown at the end of the order process. Express shipping is not available for overseas mailing address. You are responsible for import duties, tariffs and taxes in your country. We recommend you to check with your local Customs office for any potential import taxes, duties and tariffs. In addition, some products may require special license or permit to import. Memh is not responsible for products being confiscated by the Customs in your country.
Refund and Returns: You should check your Goods as soon as they are delivered to you in order to ensure that they are what you ordered and they are not damaged or faulty. If this is not the case you should contact Memh by email at email@example.com as soon as possible. Please do not return or post items before obtaining instructions from us. When returning Goods, proof of purchase and details of the problem must be provided, and all accessories that were sold with the Goods must be returned. In the event that a replacement or refund, is provided, the faulty item will become our property. You may not be entitled to any refund or exchange just because any packaging is damaged in transit.
Change of Mind: Refunds are not normally provided where you have changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. Please choose carefully and we recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
Force Majeure: We will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems, computer system, or postal deliveries.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
Last update: 13 April 2019