Monaghans
Title Mosaic
Mosaic
Section Title
 
Terms of Use
Information about Terms of Use

From time to time, Trenset Pty Limited abn 71 978 878 092 trading as Monaghans Timber & Building Supplies  (herein referred to as "Monaghans", "us", "we" or "our") may make services available via the our websites, such as pricing, account status information and other Online Services ("services"). These services, and the website, will be collectively referred to as "our websites" in these terms.

Your access to and use of the Monaghans website is subject to these terms, our Privacy Statement and the our website Copyright and Trade Mark Notice ("Terms of Use"), whether or not you become a member of our website. Prior to using our website, you should read and understand the Terms of Use.

Unless expressly stated otherwise in these terms, our website is for residents of Australia only.

  1. What you must do
    • 1.1 You must use our website in accordance with the Terms of Use.

    • 1.2 You may use a security credential ("User ID") to access our website. The User ID takes the form of a username and password.

    • 1.3 If you are under 18 years of age, and do not have a Monaghans account, you must obtain a parent/guardian's consent prior to using our website.

    • 1.4 If you are using our website on behalf of another person ("Authorising Person"); for example, your employer, you must be authorised to: use our website; and enter into the Terms of Use, on behalf of the Authorising Person.

  2. What you must not do
    • 2.1 You must not:
      • make any fraudulent or speculative enquiries or requests using our website
      • use another's User ID or name without permission
      • tamper with, hinder the operation of or make unauthorised modifications to our website
      • knowingly transmit any virus or other disabling feature to or via our website; and
      • attempt any of the above acts or permit another person to do any of the above acts.

  3. Prices and products and services are subject to change
    • 4.1 All prices displayed and products and services offered for supply on our website are subject to change without notice. You should check the price of a product or service before placing an order for it.

  4. Security
    • 4.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the our website servers. In addition to the types of loss set out in clauses 7.4 and 7.5 for which we are not responsible, we are not responsible for any information you may lose if the our website servers terminate your browser session due to prolonged periods of inactivity between your browser and the our website servers.

    • 4.2 You must comply with all directions issued by us relating to use of your User ID and access to our website. We are not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your User ID that is meant to be confidential ("Confidential Component of your User ID") (for example, the password component of your User ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 4.3 below.

    • 4.3 You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your User ID to any other person, other than:
      • another person authorised by you to access and use our website on your behalf or
      • another person authorised by the Authorising Person (for example, another employee) to access and use our website on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.


    • 4.4 We are entitled to rely on your User ID as evidence of your identity and authority for the purposes of our website (including, for example, for the purpose of making payments to us using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Monaghans may send billing and payment information relating to your Monaghans accounts). You are responsible for all use of our website and your User ID where you have not complied with the Terms of Use. Other than by reference to a person's User ID, Monaghans cannot and does not verify that each person who accesses our website is in fact the person they say they are, or acts with the authority of the person whose User ID they use.

    • 4.5 You must immediately notify Monaghans if you become aware:
      • that the Confidential Component of your User ID has been compromised or is known by a third party (other than by an Authorised Person) or
      • of any unauthorised use of your User ID.

      In the event that you notify us of either of these things, we will take reasonable steps to deactivate the User ID and issue you with a new User ID or Password within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.

    • 4.6 We will take reasonable steps to secure our website and the systems in our control that are used to access our website. However, the internet is sometimes unreliable and is a difficult medium to secure. Monaghans does not guarantee the security of our website or the systems (including the internet and your hardware and software) used to access our website, or any information that passes through such systems.

  5. Privacy
    • 5.1 Monaghans may use and provide personal information about you that is collected by Monaghans on our website. The collection and provision of this information is subject to privacy laws. Monaghans will comply with the Monaghans Privacy Statement in dealing with any personal information provided by you via our website.

    • 5.2 We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.

    • 5.3 To avoid doubt:
      • by authorising a person to use your User ID under clause 4.3, you authorise Monaghans to disclose to that person your personal information and
      • by requesting via our website that Monaghans send billing and payment information to a person's email address or phone number, you authorise Monaghans to disclose to that person your personal information, in each case including information related to your Monaghans billings and payments.


  6. Online Bills
    • 6.1 Monaghans is not obliged to notify you when a new bill is made available on the Monaghans website.

    • 6.2 Once your bill is delivered to the Monaghans website, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from Monaghans regarding online billing and whether or not you access or view your bill on the Monaghans website.

    • 6.3 The presentation of an online bill may be affected by the settings or quality of the computer equipment and including software you use to view the online bill. We cannot control this, and we do not guarantee that the presentation of the online bill you view will not be distorted. If you believe the presentation of an online bill has been distorted, you may, contact our office to receive a faxed or mailed copy of your bill.


  7. Our liability to you

    • 7.1 Given the nature of the internet, we cannot guarantee that our website will always be available or fault or virus free.

    • 7.2 The terms that apply to the supply of our website are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

    • 7.3 Subject to clauses 7.4 and 7.5, we accept our liability to you for breach of contract or negligence under principles applied by the courts.

    • 7.4 We are not responsible for: loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

    • 7.5 You must notify us in writing of your loss as soon as is reasonably possible.

  8. Your liability to us

    • 8.1 Subject to clause 8.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.

    • 8.2 You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.

  9. Change of the Terms of Use

    • 9.1 We may change the Terms of Use at anytime, however, we will make known to you the change either by email or the next time you log on to our website. You will have the opportunity to accept or decline the change and choose whether you continue or cease to use our website.

    • 9.2 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using our website or on a specific class of customers who use our website in a particular way (and you are one of this class), we will give you at least 30 days' prior notice of the change.

    • 9.3 If the change is not of a type described in clause 9.2, we will give you at least 10 days' prior notice of the change.

    • 9.4 If we change the Terms of Use under this clause 9, you may choose to stop using our website. Any use of our website after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.

    • 9.5 We do not have to notify you if we make changes to the Monaghans website.

  10. Termination

    • 10.1 You may stop using our website at any time, for any reason.

    • 10.2 We may stop making our website, or a part of our website, available with 30 days' prior notice. Notice may be given in the manner set out in clause 11.2.

    • 10.3 We may immediately suspend, terminate or limit your access to our website if: you are in breach of the Terms of Use and:
      • (i) the breach is something which cannot be remedied or
      • (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach
      • there is an emergency.

    • 10.4 If you enter a contract for the supply of goods and/or services via our website, that contract will not be affected if Monaghans stops making our website or part of our website available to you, unless the goods and/or services are supplied via our website.

  11. Communication with you

    • 11.1 As part of some our website services available via our website, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 11.2), the following will apply:
      • you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
      • you must notify Monaghans as soon as possible of any changes to your contact details for the online services using the online method provided by Monaghans.

    • 11.2 Despite clause 11.1, for the purposes of clauses 9 and 10.2, we will give you notice by posting the content of the notice to our websites

    • 11.3 From time to time, in addition to giving you notice in the way required of us by clause 11.1 or 11.2, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.


  12. Use of your information and material

    • 12.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via our website, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

  13. Goods and Services Tax

    • 13.1 If GST is imposed on any supply made by us through our website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

  14. General matters

    • 14.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.

    • 14.2 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

    • 14.3 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.

    • 14.4 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

How to contact us
If you have any questions in relation to privacy, please contact us on (02) 4577-4944 between 9.00am and 5.00pm, Monday to Friday. Alternatively, you can write to our Administration Manager at 12-16 Mileham Street Windsor or by sending an email to admin@monaghans.com.au

Monaghans Timber & Building Supplies Privacy Statement September 2008
Trenset Pty Limted abn 71 978 878 092 ("we", "us", "our", "Monaghans")