Welcome to our website. If you continue to browse and use this website you agree to the following usage terms and conditions ( Usage Terms) which together with our Privacy Policy govern the relationship with you in respect to the website www.hab.com.au ( Website). These Usage Terms and the Privacy Policy are available on the Website.

The terms " Bennetts", " our", “ us” or “ we” refer to the owner of the Website, H.A. Bennett & Sons Pty Limited (ACN 007 450 811) of Unit 2, 2 Walton Street, Kew, Victoria, 3101, Australia. The term “ you” refers to the user or viewer of the Website. The use of the Website is subject to the following Usage Terms:

1. Your acceptance
   1. These are the terms on which Bennetts permits users to access and use the Website, including using the services and functionality made available through the Website, viewing Content provided by Bennetts, communicating with Bennetts, reviewing product information and placing an order for goods or services ( Online Order) through the Website.

   2. You agree to be bound by these Usage Terms by:

      1. accessing, browsing or using any part of the Website;
      2. registering an account with the Website; or
      3. placing an Online Order through the Website.
   3. You acknowledge that these Usage Terms may be amended from time to time and you agree that your use of the Website will by governed by the most recent Usage Terms posted on the Website. By continuing to use the Website you agree to be bound by the most recent Usage Terms. It is your responsibility to check the Website regularly for updated versions of the Usage Terms.
2. Amendments

   This Website is subject to change at any time without notice and may contain errors. We may amend these Usage Terms and change the Content of our Website at any time. Amendments will be effective immediately by displaying any amended conditions, including notification on this Website. Continuing to use this Website after any amendment becomes effective, constitutes an agreement by you to comply with and be bound by the amended Usage Terms.

3. Registration and Website Ordering
   1. To be able to place an Online Order(s) for goods and services from us via the Website you must first register your interest and agree to our Trading Terms and Conditions of Supply ( Trading Terms) (including these Usage Terms). Our Trading Terms are posted on the Website.
   2. You agree to be bound by these Usage Terms and our Trading Terms by ticking the “ I have read and accept the terms and conditions” check box on the registration section of our Website.
   3. We will review your registration of interest and contact you about whether you are approved to make Online Orders for goods and services via the Website ( Website Ordering). We will approve registrations of interest in Website Ordering in our absolute discretion.
   4. If you are approved for Website Ordering we will send you an application to be registered as an online user form to complete your registration ( Application). You must nominate a duly authorised representative of your company/firm to be the authorised online user ( Authorised User) with authority for Website Ordering
   5. You must nominate the role and the level of authority and access to Website Ordering for each Authorised User on the Application form as either a 'Director/Owner', 'Production Planner' or 'Accounts Only' Authorised User.
   6. We will accept Applications to be an Authorised User in our absolute discretion. You agree that the nominated Authorised User is bound by these Usage Terms and the Trading Terms. You may nominate for our approval another duly authorised representative to be an Authorised User by notifying us in writing.
   7. We will confirm approval of your Application and registration of the Authorised User by email. You may only use Website Ordering facility after confirmation from us that your Application has been approved.
   8. You warrant that all information and data provided by you in your registration of interest and the relevant Application form is accurate, complete and up to date. You will inform us within 7 business days if there is any change to this information or data.
4. Passwords
   1. You may only make an Online Order by entering the account password chosen at time of registration ( Password). You agree that you will not, and will procure that any of your Authorised Users will not, disclose, or permit disclosure of, the Password to any other person and that the Password is to be used solely by the Customer and its Authorised User for the purpose of placing Online Orders and accessing the Website. You will be fully responsible for all acts and omissions of any person who makes an Online Order using the Password, as if they were your own acts and omissions. Bennetts will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Bennetts against all loss, damage, claims, costs or demands in this regard or in the event that the Password is used by any unauthorised person.
   2. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Bennetts of any Password which is lost, inoperable or used in an unauthorised manner.
   3. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Bennetts of any Password which is lost, inoperable or used in an unauthorised manner.
5. Ordering goods and services
   1. All Online Orders of goods or services from Bennetts are governed by these Usage Terms and the Trading Terms. By placing an Online Order you agree to be bound by the Trading Terms.
   2. The price of goods and services and any of our charges supplied by us will be determined in accordance with the Trading Terms.
   3. We may provide a quotation for the price of the goods or services requested. The Authorised User must confirm their approval of the quotation to Bennetts through the Bennetts Website, by email or by telephone, in which case the request for those goods or services becomes an Online Order.
   4. The availability of particular goods and services may change from time to time.
   5. By placing an Online Order you are making an offer and commitment to purchase the goods or services in accordance with these Usage Terms and the Trading Terms. All Online Orders are subject to acceptance by Bennetts in writing in its discretion upon receipt of the Online Order in Australia ( Accepted Order). Subject to clause 5.3, Bennetts is deemed to have accepted an Online Order if it does not reject that order in whole or in part within 5 business days of Bennetts receiving that Online Order.
   6. Once an Accepted Order has been received by Bennetts, that order cannot be cancelled or amended by you.
   7. Payment for Online Orders can be made by credit card. Credit card payments may incur a surcharge which will be notified to you.
   8. Our returns policy is set out in the Trading Terms and is incorporated into these Usage Terms.
6. Content
   1. We do not and the authors of the materials on the Website do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website ( Content) for any particular purpose. You acknowledge that this information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   2. The Content on the Website is for general information purposes only. Bennetts does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of Bennetts materials or information by another person or organisation is at the user's own risk.
   3. It is your own responsibility to ensure that any goods, services or information available through the Website meet your specific requirements. We make no warranty that any information or ideas contained on the Website or any goods or services advertised on it will meet your requirements or that the Website will be uninterrupted, timely, secure or error free.
   4. You agree you are solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Usage Terms or the Privacy Policy.
   5. If you have a complaint regarding any Content, Bennetts' sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
7. Links
   1. Other websites which are linked to the Website (including but not limited to Facebook, Twitter, Instagram, Google and YouTube), are not covered by these Usage Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Bennetts is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Bennetts is not responsible for and will not be liable in respect of any incorrect link to an external web site.
   2. You are not permitted to create a link to the Website or frame the Website without Bennetts' express written permission.
8. Access and communication
   1. Bennetts does not provide, and has no control over, communications, networks or services, the internet or other technology required by or used across the Website. We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. We do not warrant that you will have continuous access to the Website.
   2. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Bennetts will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply, whether due to congestion, technical malfunction, viruses or otherwise.
   3. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Bennetts does not guarantee the security or confidentiality of these communications or the security of the Website.
   4. You must not transmit or attempt to transmit any material of any kind to this Website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any Content on this Website.
9. Privacy

   Any personal information submitted by you to Bennetts is subject to and will be handled in accordance with Bennetts' privacy policy ( Privacy Policy). The Privacy Policy forms part of these Usage Terms and is set out at http://www.hab.com.au. You agree that, by using the Website or communicating with Bennetts, you have read the Privacy Policy, understood its contents and consented to its requirements. You agree that if you provide personal information about other individuals to us, that you will ensure that you have informed those individuals that you are providing their personal information to us, have obtained their consent to do so and have advised them of our Privacy Policy.

10. Intellectual Property
    1. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics images, illustrations, posts, audio clips, video clips (“the materials”) is our property. Unless otherwise indicated, copyright in the materials is owned by us. Except as permitted under the Copyright Act 1968 or other applicable laws, no part of the materials may be reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by storage and information retrieval system) or otherwise exploited for any commercial purpose without our specific written consent.
    2. Our Website includes registered trademarks and other trademarks that are protected by law. The use of these trademarks is strictly prohibited. All trademarks reproduced on this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.
11. Website licence and use

    Bennetts grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 12. You may not download (other than page caching) any portion of the Website, unless otherwise offered as a download by Bennetts, or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Bennetts will be treated as non-confidential and non-proprietary information.

12. Prohibited uses
    1. When using this Website you must not
       1. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
       2. impersonate or falsely claim to represent a person or organisation;
       3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
       4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
       5. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
    2. Unauthorised use of this Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
    3. Any party engaging in illegal activities involving the use of this Website will be subject to civil and criminal prosecution. We cannot guarantee that we will be able to prevent any illegal or inappropriate use of this Website, nor can we guarantee that we will give advance notice or warning of any illegal or inappropriate use of this Website.
13. Disclaimer or warranties and limitation of liability
    1. Information contained on the Website has been prepared in accordance with Australian law and Bennetts does not warrant that the goods or services available on the Website or the Website and its Content comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction. If you access and use this Website or the Content from outside Australia or purchase any goods or services, you do so at your own risk.
    2. To the full extent permitted by law, Bennetts excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
    3. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Bennetts excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with:
       1. these Usage Terms, the Website, the Content, and all links to or from theWebsite; and
       2. subject to clause 5.8, the goods and services advertised, accessible or sold on the Website.
14. Indemnity You will fully indemnify Bennetts in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
    1. any breach of these Usage Terms by you;
    2. your use of the Website; or
    3. your communications with Bennetts.
15. Jurisdiction and law

    Your use of this Website and any dispute arising out of such use of the Website is governed by and subject to the laws of the State of Victoria, Australia.

16. No waiver

    Our failure to exercise or enforce any rights or provisions of these Usage Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

17. Contact us

    If you have questions about the Website, these Usage Terms or our Privacy Policy, please contact us at privacy@hab.com.au.