Terms of service

TERMS AND CONDITIONS

Contents

TERMS AND CONDITIONS

  1. INTRODUCTION
  2. DEFINITIONS

III.      INTERPRETATION

  1. INTRODUCTION AND SCOPE
  2. SERVICES
  3. MODIFICATIONS TO THE SERVICE

VII.    ACCOUNT

VIII.   USER CONTENT

  1. ORDERING
  2. GENERAL CONDITIONS
  3. GEOGRAPHIC RESTRICTION

XII.     USER RESPONSIBILITIES

XIII.   EXCLUSION OF LIABILITY

  1. NO RESPONSIBILITY

XVI.   THIRD-PARTY LINKS

XVII.  PERSONAL INFORMATION AND PRIVACY POLICY

XVIII. ERRORS, INACCURACIES, AND OMISSIONS

XIX.   DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. COPYRIGHT AND TRADEMARK

XXI.   INDEMNIFICATION

XXII.  MISCELLANEOUS

XXIII.  WARRANTY

XXIV.  PRODUCTS OR SERVICES

XXV. - REVIEWS

XXVI. - PROHIBITED USES

XXVII. - OUTBOUND MARKETING PROGRAM TERMS AND CONDITIONS

XXVIII. - DISPUTE RESOLUTION

I.       INTRODUCTION

apexioindustrial.com other domains include apexioindustrial.com.au and pexioindustrial.co.uk depending on your location (“Website”) welcomes you.

We offer you access to our product through our “website” (defined below) subject to the following Terms of this Agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these Terms, then please do not use the Website. 

Any such content that includes will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing, using any part of the site or purchasing from us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. For any order that has been accepted by us, the terms of service that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Our store is hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

   KEY DISCLOSURES

Our complete Terms of Service are set out below, but some important points for you to know before you become a customer are set out here:

  • We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted.
  • Subject to your consumer law rights, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  • To the extent permitted by law, our maximum aggregate liability arising from or in connection with the Terms of Service (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.
  • We may amend these Terms of Service at any time by publishing updated Terms of Service on our site.

Nothing in these terms seeks to limit your rights under the applicable consumer law.

II.       DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
  • “Product” or “Item” refers to the product or goods available for sale on the website.
  • “Service” or “Services” refers to the services available on the website (e.g. placing an order or writing a customer review)
  • “User”, “You” and “your” refers the person who is accessing for taking any service from us.
  • “Customer” refers to the user who accesses the website and makes the payment for purchasing products available on the Website;
  • “We”, “us”, “our”, "Apexio Industrial" are references to the online store / shop owned and managed by Apexio Industrial
  • ”Website” shall mean and include https://www.apexioindustrial.com, www.apexioindustrial.co.uk, www.apexioindustrial.com.au and any successor Website of the Company or any of its affiliates;
  • "Customer Account” shall mean an electronic account opened for the customer for purchasing products offered on the website;

III.     INTERPRETATION

  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV.    INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
  • Eligibility: Certain Service of the Website is not available to users under the age of 16 or to any users suspended or removed from the system by us for any reason.
  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V.  SERVICES

At https://www.apexioindustrial.com, www.apexioindustrial.co.uk, www.apexioindustrial.com.au, we provide you a meticulously designed website and and one-stop shop for availability of Industrial and Commercial equipment, machinery, electrical, instrumentation and variety of goods through our extensive catalogue of products, styles and ranges from carefully sourced suppliers from around the globe.

With all of our products, we focus on quality by having our products subject to rigorous quality checks and testing’s before it reaches you. 

We are offering the best prices for various products with a simple and easy shopping experience. We are providing a wide variety of products under various categories.

MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  • Strikethrough prices may consider the discount code mentioned in the description.

VI. MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

VII.    ACCOUNT

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide concerning establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

By consenting to Apexio Industrial's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at sales@apexioindustrial.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://apexioindustrial.com.au/policies/privacy-policy to determine how we collect and use your personal information.

VIII.    USER CONTENT

  1. Content Responsibility.

The website permits you to post comments, feedback etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
  • uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

 

IX.     ORDERING

  • You may buy products and services offered online by Apexio Industrial by navigating our website's catalogue and purchasing online or for a service via submitting a Contact Form Enquiry.

  • All the purchases from this website shall be governed by our terms and conditions.
  • If you make an Order for buying any product from our website. At the time ordering, while providing your details you must be careful and warrant that the information provided is true and accurate.
  • You will only be charged as soon as your order passes through the checkout completion order acknowledgement email by selecting a product, quantity, shipping information, and enter your payment information.
  • Payment mode shall be:
    • Online: Credit Cards and Debit cards;
  • The Preferred method of payment is Debit or Credit Card. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ Debit cards are accepted if they have a Visa or MasterCard logo.
  • Any order to purchase a product that you place with us is subject to acceptance by us.
  • If there is an error in the order confirmation, please contact us immediately by email at sales@apexioindustrial.com
  • We may refuse or unable to process your order if:
    • You do not meet the eligibility to order criteria set out above.
    • Your payment card method is flagged in our online ordering platform as medium or high risk order. In which we request ID to confirm the billing name and address matches the one on the order billing name and address.
  • Refund shall be applicable as per our Refund Policy.
  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
  • All prices are respected by each countries currency and set prices online
  • All prices do not include GST, they will be calculated at checkout.
  • All prices are subject to change without notice.
  • We do not retain or store credit card details.
·      We take customer feedback very seriously and use it to constantly improve our products.

X.   GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
  • You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Apexio Industrial in writing.
  • You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Apexio Industrial in advance.
  • We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.

XI.   GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity.

XII.   USER RESPONSIBILITIES

"You" The Customer referred throughout these terms and conditions stated on this page.

  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
  • You will inform us about anything is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Apexio Industrial or third-parties as to the origin of any Submissions or Content.
  • You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes, or third party claims.
  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
  • You must ensure that the product is fit for purpose, Apexio Industrial, nor its employees do not advise or recommend fit for purpose products for specific areas, sites or applications. We are not responsible for incorrect selection of product and non refundable orders in this case.
  • Any product that does not hold the IECEx certificate is not recognised in Australia for the safety of use in hazardous area zones. You must ensure the product you are purchasing has this certificate which is mentioned in the product pages. A CAD assessment must be obtained to use non IECEx certified equipment, devices, instrumentation or any other product sold in hazardous area zones. We are not responsible for You "the customer" incorrect selection and fit of product use. 

AS/NZS 3000:2007 - 7.7.2.1
The responsibility for classification of a hazardous area rests
with the persons or parties in control of the installation. The
requirements are contained in AS/NZS 60079.10.1 for gas or
vapor and AS/NZS 60079.10.2 for combustible dust.

Commentary: The critical take-away from the above, is the
acknowledgment of responsibility that rests with the owner
or occupier of the premises that houses the hazardous area in
question – a responsibility that is consistent with standard OHS
legislation. While this person is not expected to perform the
classification itself, he/she is obligated to identify the potential
for a hazardous area and engage a competent person (see page
7 for further explanation of competency requirements) to do so. 

Selection
AS/NZS 3000:2007 - 7.7.2.4.1
Electrical equipment selected for use in hazardous areas shall
comply with the appropriate requirements as specified in
AS/NZS 60079.14.
Installation
AS/NZS 3000:2007 - 7.7.2.4.2
Electrical equipment shall be installed in accordance with the
installation requirements of AS/NZS 60079.14.
Commentary: What is essential to understand here, is that to
comply with AS/NZS 3000:2007, electrical equipment that is
selected and installed in a hazardous area environment must
be compliant to AS/NZS 60079.14. 

AS/NZS 3000: 7.7.2.4.2
Refers to competency requirements in AS/NZS 60079.14. The
relevant clause in that standard is 4.4, reproduced below:
AS/NZS 60079.14 – 4.4
The design of the installation, the selection of equipment and
the erection covered by this standard shall be carried out only
by persons whose training has included instruction on the
various types of protection and installation practices, relevant
rules and regulations and on the general principles of area
classification. The competency of the person shall be relevant
to the type of work to be undertaken. Appropriate continuing
education or training shall be undertaken by the personnel on
a regular basis.
Competency may be demonstrated in accordance with AS/NZS
4761, Competencies for working with electrical equipment for
hazardous areas (EEHA), or equivalent training and assessment
framework.”
Commentary: Without exception, persons who intend to
work with EEHA are to be appropriately competent to a
level that is relevant to the particular works that are being
undertaken – regardless of its position in the project cycle. In
essence, whether a person is involved in the design, installation
or maintenance stage, they must be able to demonstrate
competency to ensure utmost safety measures are ensured.
It is also important to note that as standards and regulations
change and the various technologies involved advance, it is
expected that persons continue to educate themselves to
maintain their competency levels. 

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XIII.  EXCLUSION OF LIABILITY

We take no responsibility for any indirect use or damage that may result from the product. We are a distributor of manufactures product, and by agreeing to these terms and conditions in the way of ticking the agree check box at checkout and purchasing with us, you accept that we will hold no liability of the products defect or defaults, that may result in equipment failure, damages to equipment, environment, property, or death and injury to any person or persons. Including loss of data or information or any kind of financial or physical loss or damage.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labour conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Apexio Industrial Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Apexio Industrial, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, injury, death, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

Disclaimer: Apexio Industrial nor any other website selling Apexio Industrial or affiliated products with Apexio Industrial assumes no liability for inaccuracies or misstatements about products.

  • We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
  • Apexio Industrial nor the board of directors or any sales support team are responsible for any communicated information that inaccurately stated via communications, customers have an obligation and responsibility to check that the information and datasheets information fits the compliance and requirements they need.
  • We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use.
  • Despite anything to the contrary, to the maximum extent permitted by law, our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the price paid by you to us for the products the subject of the relevant claim.
  • Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, Apexio Industrial excludes all implied terms and warranties, whether statutory or otherwise, relating to your use of the Service or the subject matter of these Terms of Service. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation.
  • Our liability to you for loss or damage of any kind arising out of your use of the Service or these Terms of Service will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damages

Safety Disclaimer

  • You purchase and use products for their general description application at your own risk.
  • All products that are going to be used in hazardous area zones that do not bare the IECEx certificate are not recognised in Australia. The customer must obtain a CAD assessment to use in a hazardous area zone. We do not warrant or recommend to use any devices going into hazardous areas without the correct documentation. Nor are Apexio Industrial or any of the directors and staff members are responsible for any legal costs, loss of profit, incompatibilities, injury, death or any other liability associated with the improper certification and approval to use hazardous area products in hazardous areas.

  • Please read all product descriptions and care instructions carefully to ensure you purchase and use each item for its intended purpose.

  • We have done our best to make these terms clear in each description. However, we cannot be held responsible should an item be misused or the information provided be ignored.

  • All products are dispatched with the information supplied by the Customer. We cannot be held responsible if incorrect information is supplied to us.

  • Tampering with the products, including opening detection units other than as recommended by the manufacturer, will nullify any warranty or return or repair allowed for under Australian Consumer Law.

  • All equipment must be installed within three months of purchase.

  • All equipment should be installed as provided in the instruction manual.

  • Where applicable, a suitably qualified technician, including an electrician, must install all equipment.

  • All equipment should be tested every six (6 months or as provided in the instruction manual).

SEVERABILITY

  • In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

FORCE MAJEURE

  • To the extent permitted by consumer law, we shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

TERMINATION

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

TYPOGRAPHICAL ERRORS

While Apexio Industrial strives to provide accurate product and pricing information, pricing, or typographical errors may occur. Apexio Industrial cannot confirm the price of an item until after you order. If an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Apexio Industrial shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, Apexio Industrial may, at our discretion, either contact you with instructions or cancel your order and notify you of such cancellation.

Apexio Industrial nor the director(s), staff, shareholders hold no responsibility to any injury or death caused by our products, customer must consult their doctor and or chiropractor prior to using any our the products sold by Apexio Industrial

XV.  NO RESPONSIBILITY

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorized access or loss of personal information that is beyond our control.
  • Do not use any products sold by Apexio Industrial is you have any conditions below or any which may be affected by the products ( consult your doctor before using)
  • - Acute pulmonary edema
  • - Acute thrombophlebitis
    - Acute congestive cardiac failure
    - Acute infections
  • - Sensitivity to electricity 
  • - Pacemaker installed
  • - Heart Issues
    - Deep vein thrombosis (DVT)
    - Episodes of pulmonary embolism- Wounds, lesions, infection, or tumors at or near the site of application
    - Where increased venous and lymphatic return is undesirable
    - Bone fractures or dislocations at or near the site of application

XVI.    THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

By consenting to Apexio Industrial’s SMS marketing in the checkout or via the subscribe to SMS/Email marketing sign-up and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from or email sales@apexioindustrial.com You can also contact us at the contact form on our website for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information. https://apexioindustrial.com.au/policies/privacy-policy

OPTIONAL TOOLS

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  • We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

XVII. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XVIII. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

  • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Alterations

  • We may alter these terms by posting the modified version on our website from time to time.
  • You should visit the website regularly to keep updated with any alterations.
  • In the case of an alteration, the altered Terms only apply to products and services ordered via the website after the modification takes effect.

Applicable law

  • These Terms shall be construed under and governed by the laws of the State of Queensland, Australia.
  • You consent to the exclusive jurisdiction of the courts of Queensland to determine any matter or dispute which arises between you and Apexio Industrial.

You are deemed to have read, understood, and agreed to our Terms of Sale by proceeding with your purchase.

All products or services sold by Apexio Industrial are not liable for any conditions, injuries or death.

XX.  COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audio-visual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

XXI.     INDEMNIFICATION

You agree not to defend against, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

XXII.  MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the laws of Queensland, Australia without giving effect to any principles of conflicts of law. The Courts of Queensland, Australia shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at sales@apexioindustrial.com

DISCLAIMER

This Disclaimer forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Disclaimer at any time.

The information contained in this website is for general information purposes only. The information is provided by https://www.apexioindustrial.com, https://www.apexioindustrial.com.au, https://www.apexioindustrial.co.uk  (“Apexio Industrial” or “we”).

At Apexio Industrial, we provide you a meticulously designed website and and one-stop shop for availability of commercial and industrial measurement instruments and variety of electronic goods through our extensive catalogue of products, styles and ranges from carefully sourced suppliers from around the globe.

With all of our products, we focus on quality by having our products subject to rigorous quality checks and testing’s before it reaches you. 

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Apexio Industrial Website including loss of data or information or any kind of financial or physical loss or damage.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labour conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorised access or loss of personal information that is beyond our control.

General:

The website, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content or its service are free of computer viruses or similar contamination or destructive features. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

  1. No warranties.

We specifically (but without limitation) disclaim

  1. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
  2. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.
  1. No guarantee of accuracy.

We do not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

  1. No warranties regarding third parties. we make no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at sales@apexioindustrial.com

CANCELLATION POLICY

Our Cancellation Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Cancellation Policy at any time.

Here, at Apexio Industrial if you wish to cancel your purchase order after confirmation,

  • If the order is not shipped then you can make a cancellation request and we will approve it. Unless you have ordered custom modifications/designs or external accessories added to the product. 
  • If the order already confirmed and the process of packing and shipping started on it then no cancellation will be allowed.

If your order has been paid and you need to make a change or cancel an order, you must contact us within 12 hours at our email sales@apexioindustrial.com. Upon cancellation, the refund applies to our product only at our sole discretion.

All refunds will be issued as per our refund policy.

We take customer feedback very seriously and use it to constantly improve our products and quality of service.

UNETHICAL ORDER & CANCELLATION POLICY

  • In case of any product purchase made through unethical means; by taking advantage of a technical glitch; or by misusing/ the offer terms/guidelines/codes - the particular order/s will be cancelled whatsoever and Apexio Industrial will not be liable to pay any refund to you in all such cases.

Terms of use

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.

Exclusive Obligation 

Our products are designed for recovery use only, and are not designed nor manufactured as a product for lethal purposes. Our products may not be used for unlawful purposes and such use is expressly prohibited under the terms and conditions of its use.   

Use limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from Apexio Industrial's website or its products.

Limited Replacement Warranty

All of our products include coverage under warranty against manufacturing or parts related faults or defects for a period of 12 months from the original date of purchase, depending on the product itself and where the product was purchased. If unsure about the warranty period of your product, please contact us

Assumption of Risk

By buying, using, or allowing the use of Apexio Industrial products, you understand and agree that instrumentation devices, industrial electrical devices and all product, such as this product can be associated with a high level of risk and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING OUR PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Apexio Industrial, including but not limited to equipment malfunction from whatever cause, or any other fault of Apexio Industrial. Additionally, you agree to indemnify, defend, and hold Apexio Industrial harmless from any third party claims arising from such High Risk Uses, or any use or misuse of our products.

Limitation Of Liability

As set forth above under the limited warranty provisions, Apexio Industrial's liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Apexio Industrial's liability exceed the value of the product(s) sold. In no event shall Apexio Industrial's be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.

Warning

Use and misuse of products sold by Apexio Industrial's involves serious risks including injury, disability and death. Purchasers assume all risks.

Inspect Before Each Use

This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Apexio Industrial within 14 days for a replacement.

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Apexio Industrial with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Applicable Law

Your order from Apexio Industrial, and this disclaimer statement are governed by the laws of the state of Queensland, Australia. You hereby consent to the exclusive jurisdiction and venue of the Municipal Court of Queensland, Australia in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.

Modification of Terms and Conditions

Apexio Industrial reserves the right to change the terms, conditions, and notices under which it’s products are offered at any time.

Recycle your electrical and electronic devices free at your local recycling centre. To find your nearest centre, visit the Recycle More website and type in your postcode.

Why recycle?
Unwanted electrical equipment is the Australia’s fastest growing type of waste.

Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination - harming wildlife and also human health.

We're proud to support your local authority in providing local recycling facilities for electrical equipment.

To remind you that old electrical equipment can be recycled, it is now marked with the crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with this symbol) in your bin.

What is WEEE?
The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items.

How are we helping?
In Australia, distributors including retailers must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. As a responsible retailer, we have met the requirements placed on us by financially supporting the national network of WEEE recycling centres established by local authorities. This is achieved through membership of the national Distributor Take-back scheme (DTS).


To find more information on WEEE recycling and to locate your nearest recycling centre please visit the Recycle More website.

Contact us

Office Address

Registered Australia Office

Apexio Industrial

level 2, 8 Clunies Ross Court

Eight Mile Plains

4113

QLD

Australia

XXII.  WARRANTY

  • Your product may come with a manufacturer's warranty.
  • The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees under ACL.
  • If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy.
  • However, you should carefully check the manufacturer's warranty, as many manufacturers' warranties will not apply in a business or commercial setting.
  • If you want to claim the manufacturer's warranty, please contact sales@apexioindustrial.com

Subject to this clause, and the extent permitted by law:

a. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms of Sale are excluded;

b. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Terms of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

c. our total liability arising out of or in connection with the products, the services or these Terms of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Terms of Sale.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but can limit them to the extent permissible by law, we limit our liability for any breach, at our option, to the repair or replacement of products or payment of the cost of repairing or replacing the products or in the case of services, to resupplying the services or the cost of having the services resupplied.

  • To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, Invoice or other documents or information issued by us will be subject to correction without any liability on our part.
  • Our liability extends only to the purchaser of the products, and no liability or warranty is extended to the resale of products.

The customer must send it back to us via a cost-effective courier company or registered courier. Wrap the item securely and post it back to us. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and if this results in damage or deterioration, we will charge you for the reduction in value.

Test of returned items: We test every single return. If a returned item is found to be used or damaged as result of usage by our in house test engineer, we will charge you for the reduction in value. We advise you to check the item and its instructions carefully before returning it. We will not refund postage for items found to be in good working order. We are not responsible for incompatibilities once you have purchased a product from us. If your return item has been found in good and working order, or working due to failure to charge / incorrectly install device. We then will charge an inspection fee if you would like your order back.

Inspection and Reshipping can be purchased via contacting sales@apexioindustrial.com

XXIV.  PRODUCTS OR SERVICES

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 only according to our Return Policy.
  • We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  • Subject to your consumer law rights, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

XXV. - REVIEWS

  • When you purchase a product from us, you may choose to leave honest feedback about the product, and your experience ordering from our site.
  • You will need to create an account on the site to submit a review.
  • You agree that by posting a review, you are providing us with a non-exclusive, revocable, worldwide, non-transferable right and licence to use your review and any images uploaded with your review on our site, social media accounts, and any other marketing material.
  • You reserve the right to delete your review from our site by logging into your account.
  • We reserve the right to remove or refuse to post any Review at any time for any reason.
  • You represent and warrant when you submit a review on our site that you have purchased a product from us, you will not submit a Review that is known by you to contain false, inaccurate or misleading information, you will not submit a review that infringes our intellectual property rights, or the intellectual property rights of any third party, you will not mention any third parties in your review, including the names of our competitors, you have not received any compensation by any third party for the review, and your review will not violate any laws, or contain any obscene, defamatory, biased, offensive, or threatening language.
  • If we consider that the review is in breach of these Terms, we may at our discretion refuse to post the review.
  • To the maximum extent permitted by law, we are not responsible for the content of any reviews.

 

XXVI. - PROHIBITED USES

  • In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

XXVII. - OUTBOUND MARKETING PROGRAM TERMS AND CONDITIONS

We are offering a mobile messaging program (the “Program”) to our Australian customers, which you may opt-in to participate in. Participation in the Program is subject to these Outbound Marketing Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify this Terms of Service, the Privacy Policy, or any other terms that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages or phone calls to the nominated contact number by affirmatively opting into the Program, such as through online or application-based enrolment forms, including by ticking a ‘check-box’ during the checkout process on our website. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive SMS, MMS, or a phone call from our Apexio Industrial sales consultants at the phone number you provided when opting-in.. Contact through the Program may be initiated based on your activity online, but will be restricted to not calling you more than 3 times within a month. Message, voice call and data rates may apply.
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to inform our sales consultant during the call to opt-you out of the Program. Alternatively, you can email us at sales@apexioindustrial.com to opt-out of any marketing calls through the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. Opting out of the Program does not restrict our team from contacting you for service related enquiries in relation to an order you have placed with us, or a separate enquiry you have raised.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of the Apexio Industrial products. Messages may include checkout reminders.
  4. Purchases made after contact through the Program: during a phone call with a member of our Apexio Industrial sales consultants, we may send you a link to view your abandoned checkout cart. You agree and acknowledge that any purchase made by you after contacting you via the Program is made entirely at your own discretion. Your purchase will need to be completed by you on the website following the call, and you will need to read and accept our Terms of Service and Delivery and Returns Policy before the purchase is finalised. As such, we do not enter into any contract with you for the sale of goods a phone call through the Program.
  5. Cost and Frequency: Message, voice call and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary, but will generally broadcast 4 messages per month. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  6. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sales@apexioindustrial.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  7. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  8. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any phone calls or mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  9. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  10. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. To purchase products and services via our website, you must be at least 18 years of age. Buy accepting the terms and conditions tick box before purchasing, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete, and not misleading by placing an order.

XXVIII. - DISPUTE RESOLUTION

In the event that there is a dispute, claim, or controversy between you and Us, or between you and or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Queensland, Australia before one arbitrator.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.