Terms and Conditions
- The generation and forwarding of an order by you (the “Customer”) using Gatewaypackaging.com.au constitutes an offer to purchase the products from Gateway Packaging. All orders are subject to acceptance by Gateway Packaging, and are otherwise subject to its general terms and conditions of sale.
- The display of products and prices on Gatewaypackaging.com.au does not constitute an offer by Gateway Packaging to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes. All prices are in Australian dollars (AUD)
- All product descriptions are either provided by the product manufacturer, or based upon information provided by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Gateway Packaging excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on Gatewaypackaging.com.au.
- All password’s and Gatewaypackaging.com.au access details are confidential and may not be disclosed to any person except for those employees of the Customer for the purposes of placing orders with Gateway Packaging. The Customer must return this confidential information to Gateway Packaging on termination of its relationship with Gateway Packaging.
- All intellectual property rights to Gatewaypackaging.com.au, including design layout, graphics and content belong to Gateway Packaging. No copying, modification or distribution of the same is permitted without the prior written consent of Gateway Packaging.
- Access to Gatewaypackaging.com.au may be terminated at any time by Gateway Packaging.
- Gatewaypackaging.com.au has been prepared for Australian users only.
- Gateway Packaging accepts no liability for the Customer’s security breaches, unauthorised use of the Customer’s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
- Gateway Packaging shall not be responsible for any errors or omissions contained in or on Gatewaypackaging.com.au. The Customer relies on the information contained in Gatewaypackaging.com.au at its own risk.The information in Gatewaypackaging.com.au is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
- Gateway Packaging reserves the right to make any changes to the information contained in the layout of Gatewaypackaging.com.au, including changes to its product range, ordering mechanisms and ordering terms without prior notice.
- Gateway Packaging shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to Gatewaypackaging.com.au or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise
CONDITIONS OF USE
Gateway Packaging and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Gateway Packaging, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gateway Packaging service or visit or purchase from any business affiliated with Gateway Packaging, whether or not included in the Gateway Packaging Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Gateway Packaging or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gateway Packaging or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gateway Packaging and protected by international copyright laws. All software used on this site is the property of Gateway Packaging or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
Gateway Packaging grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gateway Packaging. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gateway Packaging. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gateway Packaging and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Gateway Packaging’s name or trademarks without the express written consent of Gateway Packaging. Any unauthorised use terminates the permission or license granted by Gateway Packaging. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gateway Packaging so long as the link does not portray Gateway Packaging, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gateway Packaging logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gateway Packaging does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Gateway Packaging only with involvement of a parent or guardian. Gateway Packaging and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Gateway Packaging reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Gateway Packaging and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gateway Packaging and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gateway Packaging or its affiliates for all claims resulting from content you supply. Gateway Packaging has the right but not the obligation to monitor and edit or remove any activity or content. Gateway Packaging takes no responsibility and assumes no liability for any content posted by you or any third party.
Gateway Packaging and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Gateway Packaging are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Gateway Packaging and its affiliates attempt to be as accurate as possible. However, Gateway Packaging does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gateway Packaging itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Gateway Packaging and its subsidiaries sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Gateway Packaging does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GATEWAY PACKAGING ON AN “AS IS” AND “AS AVAILABLE” BASIS. GATEWAY PACKAGING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GATEWAY PACKAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GATEWAY PACKAGING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GATEWAY PACKAGING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GATEWAY PACKAGING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Gateway Packaging, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gateway Packaging or its affiliates.
Any dispute relating in any way to your visit to Gateway Packaging or to products you purchase through Gateway Packaging shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Gateway Packaging’s intellectual property rights, Gateway Packaging may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Gateway Packaging. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
GENERAL TRADING TERMS AND CONDITIONS OF SALE
Goods supplied by Gateway Packaging are supplied upon the following terms and conditions and not otherwise, and Gateway Packaging expressly rejects any conditional sales order placed by the purchaser.
- A contract is formed when Gateway Packaging has received an order and either sends the purchaser a written acceptance or dispatches the goods pursuant to the order.
- The price is that quoted by Gateway Packaging in respect of the particular order and not in any brochure or other product information published. Prices are ex warehouse. The purchaser shall arrange to bear the cost of delivery, freight and insurance.
- Dispatch dates will be observed subject to Gateway Packaging ability to effect transport by available means.
- No claims in reference to items covered by this invoice will be recognized unless made in writing within 7 days of delivery.
- Payment is to be made within 30 days following the month in which the invoice is rendered and if not paid as aforesaid Gateway Packaging reserves the right to charge interest at the rate of 21/2 % per month on all outstanding monies dating back to the original date of invoice.
- Unless prevented by statute all implied terms, conditions and warranties are excluded. Gateway Packaging guarantees that the products will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the purchaser or third party. The purchasers remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of Gateway Packaging to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods.
- All goods are supplied subject to retention of title. The goods remain the property of Gateway Packaging until complete payment of all claims due to Gateway Packaging arising from all business transactions between Gateway Packaging and the purchaser. Prior to use or resale of goods the purchaser shall maintain them in an identifiable condition in store or on site. The purchaser may resell the goods in the ordinary course of business subject to maintaining Gateway Packaging rights against the goods and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Gateway Packaging until Gateway Packaging is paid in full. The purchaser assigns to Gateway Packaging any claims or rights against sub-purchasers in order to enable Gateway Packaging to make full recovery of monies owed to it in respect of the goods. In the event of the failure of the purchaser to pay for the goods or in the event of the appointment of a receiver or manager, liquidator, agent in possession or execution or distress Gateway Packaging may enter the purchaser’s premises or elsewhere where the goods are stored or installed and recover them, or appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours.
- This sale is governed by the law of Victoria. All disputes arising hereunder will be dealt with in the courts of Victoria and courts hearing appeals there from.
- Gateway Packaging does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by any waiver made by its servants and agents on a particular occasion.
- The purchaser hereby releases, indemnifies and defends Gateway Packaging from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the purchaser’s design or specification.
- Gateway Packaging will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labor disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
- Gateway Packaging may in its absolute discretion accept the return of standard products (but not special products) to the credit of the purchaser provided that such products are returned to its factory unused and undamaged before the expiry of 14 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 10% of the price. No returns of special products will be accepted.
- These conditions will not be varied unless Gateway Packaging agrees in writing.