Terms of service
Overview
This website is operated by The Moisture Meter Company, a division of Carpet Cleaners Warehouse. Throughout the site, the terms "TMMC", "we", "us" and "our" refer to The Moisture Meter Company. We offer this website, including all information, tools and services available from it, to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including the additional terms, conditions and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all of these Terms, please do not use the website or its services.
Any new features or tools added to the store are also subject to these Terms. You can review the current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other legislation that cannot lawfully be excluded or limited ("Non-Excludable Rights"). These Terms must be read subject to those Non-Excludable Rights.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Section 1 - Online Store Terms
By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you have the consent of a parent or guardian to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, breach any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your access to the Service.
Section 2 - General Conditions
We may refuse service to anyone for any lawful reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve transmission over various networks, and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in these Terms are for convenience only and do not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We work to keep the information on this site accurate and current, including product descriptions, specifications and compatibility information. The material on this site is provided for general information, and you should check that a product suits your specific application before relying on it. If you are unsure, contact us before ordering.
This site may contain historical information, which is not necessarily current and is provided for reference only. We may modify the contents of this site at any time.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. The price that applies to your order is the price shown at checkout when you place the order.
We may modify or discontinue the Service (or any part or content of it) at any time.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Refund Policy.
We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your screen will display colours accurately.
We may limit the sale of our products or Services to any person, geographic region or jurisdiction, and may limit the quantities of any products or services we offer. We may discontinue any product at any time.
Section 6 - Accuracy of Billing and Account Information
We may refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will contact you using the email address, billing address or phone number provided at the time the order was made, and refund any amount paid for the cancelled items.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
Section 7 - Freight and Delivery
Freight charges, delivery options and our free freight offer are set out in our Shipping Policy and calculated at checkout.
Section 8 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any endorsement. Any use of optional tools offered through the site is entirely at your own discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future. Such new features and/or services are also subject to these Terms.
Section 9 - Third-Party Links
Certain content, products and services available via our Service may include materials from third parties, including manufacturer documentation. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of third-party websites. Please review the third party's policies and practices before you engage in any transaction with them.
Section 10 - User Comments, Feedback and Other Submissions
If you send us comments, ideas, suggestions or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute and otherwise use those comments in any medium. We are under no obligation to keep comments confidential, pay compensation for them, or respond to them.
We may, but have no obligation to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that breaches any party's intellectual property or these Terms.
You agree that your comments will not breach any right of any third party and will not contain unlawful, abusive or obscene material or malicious code. You may not use a false email address or pretend to be someone other than yourself. You are solely responsible for any comments you make and their accuracy.
Section 11 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, freight charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information on the site is inaccurate. If we cancel your order for this reason after it has been placed, we will contact you and refund any amount paid for the cancelled items.
Section 13 - Prohibited Uses
In addition to the other prohibitions in these Terms, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to breach any international, federal, state or territory regulations, rules, laws or local by-laws;
- to infringe our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the Service, any related website, other websites or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service, any related website, other websites or the internet.
We may terminate your use of the Service or any related website for breaching any of the prohibited uses.
Section 14 - Limitation of Liability
Subject to your Non-Excludable Rights under the Australian Consumer Law:
- we do not guarantee that your use of our website will be uninterrupted, timely, secure or error-free;
- to the extent permitted by law, all other express or implied warranties, conditions and representations are excluded;
- where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited, at our option, to replacing or repairing the goods (or paying the cost of doing so), or re-supplying the services (or paying the cost of doing so); and
- to the extent permitted by law, The Moisture Meter Company and Carpet Cleaners Warehouse, and our directors, officers, employees, agents, contractors, suppliers and service providers, are not liable for any indirect or consequential loss, including loss of profits, revenue, savings or data, arising from your use of the website or any product purchased through it.
Section 15 - Indemnification
To the extent permitted by law, you agree to indemnify The Moisture Meter Company and Carpet Cleaners Warehouse, and our directors, officers, employees, agents, contractors, suppliers and service providers, against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your breach of any law or the rights of a third party.
Section 16 - Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed from these Terms. This does not affect the validity and enforceability of the remaining provisions.
Section 17 - Termination
The obligations and liabilities of the parties incurred before the termination date survive termination of this agreement.
These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site. If we reasonably believe you have failed to comply with any of these Terms, we may terminate this agreement and deny you access to our Services (or any part of them), and you remain liable for all amounts due up to and including the date of termination.
Section 18 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us on this site in relation to the Service constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior agreements, communications and proposals relating to that use.
Section 19 - Governing Law
These Terms and any separate agreements under which we provide you Services are governed by the laws of Queensland, Australia.
Section 20 - Changes to Terms of Service
You can review the current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service after changes are posted constitutes acceptance of those changes.
Section 21 - Contact Information
Questions about these Terms should be sent to The Moisture Meter Company at info@moisturemeters.com.au or on 1800 68 68 69.