All our Policies

Privacy policy

NicronAustralia commitment to privacy

Nicron Australia (ABN 63 198 578 180 ) (NicronAustralia) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws.

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy.

In this Privacy Policy, “we” and “us” refers to Nicronaustralia, and “you” refers to any individual about whom we collect personal information.

1. About NicronAustralia

That NicronAustralia is a retailer and wholesaler of craft supplies.

2. What information does NicronAustralia collect about you?

2.1 Customers

When you enquire about our products or when you become a customer of NicronAustralia, a record is made which includes your personal information.

The type of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:

(a) your name, e-mail, postal address and other contact details;

(b) information about your employer or an organisation who you represent; and

(c) any additional personal information you provide to us, or authorise us to collect, as part of your interaction with NicronAustralia.

2.2 Prospective employees or applicants

We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.

2.3 Other individuals

NicronAustralia may collect personal information about other individuals who are not customers of NicronAustralia. This includes customers and members of the public who participate in events we are involved with, individual service providers and contractors to NicronAustralia, and other individuals who interact with NicronAustralia on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with NicronAustralia. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you.

If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.

In limited circumstances, NicronAustralia, may collect information which is considered sensitive information. For example, if you are injured at an event promoted or delivered by NicronAustralia we may collect health information about you in an emergency or otherwise with your consent.

We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.

You can always decline to give NicronAustralia any personal information we request, but that may mean we cannot provide you with some or all of the products you have requested. If you have any concerns about personal information we have requested, please let us know.

2.4 Visitors to our websites

The way in which we handle the personal information of visitors to our websites is discussed below.

3. How and why does NicronAustralia collect and use your personal information?

NicronAustralia collects personal information reasonably necessary to carry out our business, to assess and manage our customer’s needs, and provide products. We may also collect information to fulfil administrative functions associated with these products, for example billing, entering into contracts with you or third parties and managing customer relationships.

The purposes for which NicronAustralia usually collects and uses personal information depends on the nature of your interaction with us, but may include:

(a) responding to requests for information and other general inquiries;

(b) managing, planning, advertising and administering programs, events, competitions and performances;

(c) researching, developing and expanding our facilities and products;

(d) informing you of our activities, events, facilities and products; and

(f) responding to enquires and complaints.

NicronAustralia generally collects personal information directly from you. We may collect and update your personal information over the phone, by email, over the internet or social media, or in person. We may also collect personal information about you from other sources, for example third party suppliers and contractors who assist us to operate our business.

NicronAustralia also collects and uses personal information for market research purposes and to innovate our delivery of products.

4. How does NicronAustralia, interact with you via the internet?

You may visit our websites www.nicronaustralia.com.au without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to NicronAustralia will be managed in accordance with this Privacy Policy.

NicronAustralia's websites use cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our websites and on third-party websites. You are not identifiable from such information.

You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.

NicronAustralia's websites may contain links to third-party websites. NicronAustralia is not responsible for the content or privacy practices of websites that are linked to our website.

5. Can you deal with NicronAustralia anonymously?

NicronAustralia will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for NicronAustralia to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our products or participate in our events, programs or activities we manage or deliver.

6. How does NicronAustralia hold information?

NicronAustralia stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

NicronAustralia, maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.

We take steps to destroy or de-identify information that we no longer require.

7. Does NicronAustralia use or disclose your personal information for direct marketing?

NicronAustralia, may use or disclose your personal information for the purpose of informing you about our products, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.

If you opt-out of receiving marketing material from us, NicronAustralia may still contact you in relation to its ongoing relationship with you.

8. How does NicronAustralia use and disclose personal information?

8.1 For customers

The purposes for which we may use and disclose your personal information will depend on the products we are providing you. For example, if you have engaged us to deliver a service, we may disclose information about you to service providers where this is relevant to our products.

8.2 For customers and participants

If you are a customer or participant in an event, we may disclose your personal information to our customers and venues where this is reasonably necessary for, and relevant to, the delivery of the event. We may use images or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur.

8.3 Disclosure to contractors and other service providers

NicronAustralia, may disclose information to third parties we engage in order to provide our products, including contractors and service providers used for data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mail-outs, and market research.

Personal information may also be shared between entities of NicronAustralia, located in Australia and overseas.

Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies.

8.4 Use and disclosure for administration and management

NicronAustralia, will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:

(a) administering billing and payments and debt recovery;

(b) planning, managing, monitoring and evaluating our products;

(c) quality improvement activities;

(d) statistical analysis and reporting;

(e) training staff, contractors and other workers;

(f) risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);

(g) responding to enquiries and complaints regarding our products;

(h) obtaining advice from consultants and other professional advisers; and

(i) responding to subpoenas and other legal orders and obligations.

8.5 Other uses and disclosures

We may use and disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

9. Does NicronAustralia disclose your personal information overseas?

NicronAustralia works with customers, service providers, sponsors and commercial interests across the globe. It is likely that your personal information will be disclosed to overseas recipients.

Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

In circumstances where your information is disclosed to overseas recipients, those recipients are likely to be located in countries in the regions in which NicronAustralia and its related entities operate.

10. How can you access or seek correction of your personal information?

You are entitled to access your personal information held by NicronAustralia on request. To request access to your personal information please contact our privacy officer using the contact details set out below.

You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

11. What should you do if you have a complaint about the handling of your personal information?

You may contact NicronAustralia, at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

You may make a complaint about privacy to the privacy officer at the contact details set out below.

The privacy officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that NicronAustralia may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

12. How changes are made to this Privacy Policy?

NicronAustralia may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

13. How can you contact NicronAustralia?

The contact details for NicronAustralia are:

NicronAustralia privacy officer: Maria Jose Abramovich

nicronaustralia@gmail.com

This Privacy Policy was last updated in June 2020.

 

This website (referred to in these Terms of Access as the Website) is owned and operated by Nicron Australia (ABN 63 198 578 180) (NicronAustralia) on the World Wide Web (WWW).

The material on the Website is copyright @2020 NicronAustralia and/or other copyright owners.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below.

By continuing to access the Website you are agreeing to the terms and conditions set out below.

1. General

(a) Except for the limited use set out in clause 1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication;

(iv) uploading and/or reposting the material to any other site on the WWW;

(v) “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(b) Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c) You may not modify or copy:

(i) the layout of the Website; or

(ii) any computer software and code contained in the Website.

(d) The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.

The material provided on the Website is provided for personal use only and may not be:

(i) re-sold and/or re-distributed in any material form;

(ii) stored in any storage media; and/or

(iii) re-transmitted in any media, without the prior written consent of the Owner.

2. Links to other Websites

(a) The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

(b) In relation to the other sites on the WWW, which are linked to the Website, the Owner:

(i) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and

(ii) is not responsible for the material contained on those linked sites.

3. Disclaimer 1

(a) The Owner is making the Website available for others to publish information without assuming a duty of care to users.

The information published on the Website shall not be construed as the provision of legal advice and the Owner gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

(b) To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites.

(c) The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

4. Disclaimer 2

(a) The Owner does not warrant guarantee or make any representation that:

(i) the Website, or the server that makes the site available on the WWW are free of software viruses;

(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(iii) errors and defects in the Website will be corrected.

(b) The Owner is not liable to you for:

(i) errors or omissions in the Website, or linked sites on the WWW;

(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(iii) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

5. Use of information gathered

(a) The Owner and/or people authorised by it may gather and process the information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

(b) The Owner may authorise others to offer you goods and services using the information acquired through clause 6(a) subject to the Owner’s privacy policy.

6. Termination of access

The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

7. Alteration of Terms of Access

The Owner reserves the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

8. Relevant jurisdiction

(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Access will be governed by and interpreted in accordance with the law of the State of Queensland, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of the State of Queensland to determine any dispute arising out of these Terms of Access.

 

 

General Terms and Conditions

1 Definitions and interpretation

1.1 Definitions

Buyer means the purchaser of the Goods, whose details are set out in the invoice.

Contract means this Sales of Goods Contract.

Goods means the products and, if any, services specified in the invoice.

Invoice means the invoice which forms part of this Contract containing details of the Contract and the Goods.

Manufacture means the production of Goods by machinery at large scale.

Seller has the meaning in the Invoice.

1.2 Interpretation

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

2 General

These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer's order, to the extent of any inconsistency.

3 Terms of sale

(a) The Goods and all other products sold by Seller are sold pursuant to the terms of this Contract.

(b) This Contract comprises:

(i) the Invoice; and

(ii) the terms of this Contract.

(c) If there is any ambiguity, inconsistency or conflict between the terms of any of the Invoice and the terms of this Contract, then, unless otherwise stated, the documents take precedence in the order set out in clause 3(b) of this Contract.

(d) By accepting this Contract by conduct such as paying the Invoice or accepting the supply of the Goods, the Buyer acknowledges and agrees that the Purchaser has had sufficient chance to read and understand the Contract and the Buyer agrees to be bound thereby. If any terms are proposed by the Buyer, those terms are deemed void and of no effect and the Seller is deemed, by supplying the Goods, to have made a counter-offer to supply the Goods to the Buyer subject only to this Contract . By accepting the supply of the Goods, the Buyer accepts that counter-offer.

4 Seller’s Invoice

Unless previously withdrawn, Seller's Invoice are open for acceptance within the period stated in them or, when no period is so stated, within 5 days only after its date. The Seller reserves the right to refuse any order based on this Invoice within 5 days after the receipt of the order.

5 Packing

The cost of any special packing and packing materials used in relation to the Goods are at the Buyer's expense, even if that cost has been omitted from any quotation.

6 Shortage

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 5 days from the date of receipt of Goods by the Buyer.

7 Drawings, etc

(a) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.

(b) Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, the Seller's price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities estimated by Seller as set out in an Invoice, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in this document or in the Invoice.

8 Performance

Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

9 Delivery

(a) The Buyer must pay the delivery cost of the Goods to the Seller. The Buyer acknowledges that the delivery cost is not included in the price of the Goods.

(b) The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.

(c) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods.

(d) The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.

(e) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:

(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and

(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation.

(iii) Shipping is within 48 hours and delivery is estimated in 2 to 8 business days in Australia "

10 Loss or damage in transit

(a) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

(b) The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer:

(i) has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and

(ii) serves a claim for compensation on the carrier within 3 days of the date of receipt of the Goods.

11 Guarantee

(a) The Seller is not liable for any defects of the Goods including where the Goods are manufactured by third parties. For the avoidance of doubt, the Seller is under no obligation to:

(i) accept Goods returned by the Buyer; or

(ii) refund any monies paid for the Goods.

Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.

12 Consumer guarantees

The Seller's liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is excluded where permitted by law or limited to:

(a) in the case of Goods, any one or more of:

(i) the replacement of the Goods or the supply of equivalent goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and

(iv) the payment of the cost of having the Goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

13 Indemnification of suppliers by manufacturers

The Seller's liability under section 274 of the Australian Consumer Law is excluded where permitted by law or expressly limited to a liability to pay to the purchaser an amount equal to:

(a) the cost of replacing the Goods;

(b) the cost of obtaining equivalent goods; or

(c) the cost of having the Goods repaired,

whichever is the lowest amount.

14 Prices

(a) Unless otherwise stated all prices quoted by vendor are exclusive of Goods and Services Tax (GST).

(b) Prices quoted are calculated at the date of issue of a relevant Invoice and include rates provided by third parties providers. These third-party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the Invoice to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates.

(c) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account.

15 Payment

(a) The purchase price (Price) for the Goods plus GST (if any) where applicable is payable on the day of Invoice (Payment Due Date) unless other terms of payment are agreed in writing between the parties.

(b) The Seller is not required to deliver the Goods until the Buyer has paid the Price in full.

(c) Time for payment is of the essence.

16. Buyer's property

Any property of the Buyer under the Seller's possession, custody or control is completely at the Buyer's risk as regards loss or damage caused to the property or by it.

17. Returned Goods - Change of Mind Returns

If you change your mind, you are only eligible for a full refund if the order has not been shipped. We usually ship the order overnight, so please contact us as soon as possible.

Nicron Australia will allow a return for store credit or exchange product where you have changed your mind, provided that the item in question is:
returned within 14 days of receiving order;
as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);
in a resalable condition; and
not damaged in any way.
We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
To return your item for change or mind, you must follow our returns process, or the returns process of the relevant Seller.
You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us or the seller, you will not be eligible for a credit or exchange. We recommend you insure high value items that you return for change of mind.
You may be provided with a product exchange, refund or store credit (at our discretion) only when the returned product is received and complies with the provisions of this text.
If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address

The following goods are excluded under this policy:
• Personalized/Made to order Goods

18. Goods sold

All Goods to be supplied by the Seller to the Buyer are as described on the Invoice and the description on such Invoice as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer.

19 Cancellation

No order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.

20 Termination

(a) The Seller may terminate this Contract in its absolute discretion with a minimum of 1 day’s written notice to the other party.

(b) The Seller may terminate this Contract if the Buyer is in material breach of any of its obligations under this Contract and if the breach is capable of remedy fails to remedy the breach for a period of 5 days after receipt of a written notice by the other party requiring rectification of the breach.

(c) Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which the Seller may have against the Buyer in respect of a breach of any term, condition or warranty of this Contract.

(d) The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this Contract will continue to apply.

24 Place of contract

This Contract shall be governed by and construed in accordance with law of the State of Queensland. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.

 

Licence Agreement

Terms and Conditions

Background

1. The Licensor is the owner of the intellectual Property in connection with the Photographs.
2. The Licensor has agreed to grant a licence to the Licensee to use the Photographs.

General Terms and Conditions

This Agreement is made in consideration of the mutual covenants contained herein.

1. Definitions and interpretation

1.1 Definitions

In this Agreement:

Agreement means this Licence Agreement

Commencement Date means the date when the Photographs have been furnished to the Licensee as the start date of the Term.

Photographs means any and all photographic material furnished by the Licensor, whether transparencies, negatives, prints or digital files to the Licensee.

2. Commencement

(a) This Agreement commences on the Commencement Date.

(b) By accepting this Agreement by conduct such as acknowledging it in writing (including by email), the Licensor acknowledges and agrees that the Licensor has had sufficient chance to read and understand the Agreement and the Licensor agrees to be bound thereby. If any terms are proposed by the Licensor, those terms are deemed void and of no effect and the Licensee is deemed, by receipt of the Photographs furnished by the Licensor, to have made a counter-offer to use the intellectual property rights in connection with the Photographs to the Licensor subject only to this Agreement.

3. Licence

The Licensor grants to the Licensee a non-exclusive, perpetual, irrevocable, royalty free and worldwide licence to use the Intellectual Property to use, copy and communicate (including online) the Photographs.

4. Obligations of the Licensee

The Licensee must comply, within a reasonable time, with all reasonable directions issued by the Licensor in writing regarding the manner of use of the Photographs, provided, however, that such reasonable directions must not hindered the purpose of the licence.

5. Licensor's warranties

(a) The Licensor warrants that the use of any or all of the Photographs according to the terms and conditions of this Agreement will not result in the infringements of proprietary rights of third parties.

(b) The Licensor indemnifies the Licensee against any losses, costs, actions, claims, demands, expenses, judgments, court orders or other liabilities arising directly or indirectly out of or in connection with any claim made or threatened, whether by legal proceedings or otherwise, against the Licensee by a third party on the grounds that by virtue of rights to which such third party lays claim, under letters patent or copyright (whether registered as a design or not) or any other similar right or claim including rights arising from the disclosure under cover of confidence, such third party is entitled to prevent or interfere with the free use of any or all of the intellectual property in connection with the Photographs by the Licensee pursuant to this Agreement. The Licensor also indemnifies the Licensee against any claim by the Licensee's customers in respect of any similar loss or injury and court fees and expenses of damages and costs and loss or injury suffered by compliance with an injunction ordered on the part of such customer.

6. Applicable law

This Agreement is subject to the laws of the State of Queensland having exclusive jurisdiction over any disputes arising in respect of this Agreement.

7. No partnership or agency relationship

Nothing contained in this Agreement must be deemed to constitute partnership between the parties and nothing contained in this Agreement must deem either party to be the agent of the other party and the Licensor must not hold itself out as, engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purposes, the agent of the Licensor.

8. Entire agreement

This Agreement sets out the entire agreement between the parties and it replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter and this Agreement may not be modified except by written agreement signed by each party.

 

At NicronAustralia you can pre-order various products. If you take part in any of our pre-orders, you hereby agree to the terms and conditions below.

The item must be paid in full to be pre-ordered or reserved.

There will be no refunds for pre-orders as the items have been tailor made and / or ordered specifically for you.

Delays that affect our estimated deadlines can occur for a variety of reasons beyond our control.

We will do every effort to delivery orders between 2 to 8 weeks approximately, however due to most of our products being imported, we can't guarantee an exact delivery time. 

If you have ordered a combination of pre-ordered and in stock items, you can write us at NicronAustralia@gmail.com in case you would like to arrange for partial delivery of the available items. Extra shipping price will apply for partial delivery and will have to be paid before completing the order. 

In case of missing items from our supplier (and depending on whether the pre-order has been delayed), we will ship the items that we have received under your instructions.

Once the remaining items have been received from the manufacturer / supplier, we will hold them to ship with your next orders, or you can pay for the extra postage cost to have them shipped to you to complete your order.

IMPORTANT: Please note that the timelines listed on all pre-orders are ESTIMATES ONLY. Delays may occur during production or shipping that are beyond our control. Please keep this in mind when engaging in our pre-orders as we do not accept cancellations or provide refunds for circumstances beyond our control.

Thank you very much for your understanding.