Terms & Conditions

1. Introduction
2. Meaning of Words
3. Use of this site
4. Copyright and Trade Marks
5. Third Party Websites
6. Supply of Products

7. General Terms of Supply of all Products
8. Terms Applicable to Supply of a Product by Us
9. Disclaimers
10. Our Liability
11. General

1. Introduction

   1. You agree to and accept these terms and conditions each time you access or use any part of this site.

   2. These terms form a legally binding agreement between you and us and govern your use of this site.

   3. We suggest you print a copy of these terms for your records.

2. Meaning of Words

   Certain expressions used in these terms have a special meaning. These generally appear in italics.

   • "these terms" means these terms and conditions as amended or varied from time to time and includes all other instructions, terms or conditions governing use of this site or any part of it.

   • "product" means a good or service offered via this site or a third party website.

   • "restricted product" has the meaning given to it in clause 8.4.

   • "this site" means the web site at http://www.awe.org.au

   • "third party website" means the website of a person to which we provide a link or make reference to on this site.

   • "third party" means someone other than us.

   • "we/us/AWE" means the Association of Woolworths Employees.

   • "you/your" means the person who accesses this site using a User ID and password.

3. Use of this site

   1. You may use this site for personal purposes only.

   2. You agree that you will not use it f or any purposes that are commercial, unlawful or may prejudice the reputation or interests of AWE.

   3. "Unlawful" use includes activities such as infringement of the rights of others or a failure to comply with any legislation.

   4. Except as expressly authorised, you may not use any material on this site. The expression "use" includes reproducing, modifying, distributing, republishing, displaying or communicating of is strictly prohibited, but you may:

      1. download a copy of this site to the local hard drive of the computer used to access the site

      2. print extracts (hard copies) of the contents of this site, but only for your personal use.

   5. You must not hack into, change or otherwise interfere with the operation of this site or any information contained within it. The expression “interfere” includes knowingly transmitting a virus or other damaging item to this site.

   6. We are entitled to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

   7. You must not provide a link to this site from another website without our prior written permission.

   8. We do not warrant that functions available on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs.

   9. You use this site entirely at your own risk.

   10. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

4. Copyright and trade marks

   1. The site contains copyright material, brand names and other trade marks that are protected by law.

   2. You should assume that all names and logos contained on this site are trade marks of AWE or third parties and all content on this site is subject to copyright.

5. Third Party Websites

   1. this site contains links to third party websites. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.

   2. Links to third party websites are provided solely for your convenience and do not indicate our endorsement of any third party websites or third party products provided.

   3. All products offered by us or third parties have their own terms and conditions and you must read those applicable terms and conditions before you acquire any product.

   4. You may need to enter the third party website and read the terms and conditions of supply before you acquire products from that third party.

6. Supply of Products

   1. When you order products via this site, you will either order direct from a third party utilizing the link or contact details provided on this site for the third party or you will order products direct from us.

   2. Where you place an order for products direct with a third party then your arrangement for supply of those products is with that third party and subject to their terms and conditions of sale as well as any of these terms which are applicable. While we will use our reasonable endeavours to assist you in resolving any issues or problems you may have relating the supply or non-supply of products you have ordered from a third party, we are not responsible or liable in any respect in connection with the supply or non-supply of products by the third party.

7. General Terms of Supply of all Products

   1. The terms set out in this clause will apply to all products ordered via this site whether supplied by us or a third party:

   2. We may restrict the number of items of a particular product you may order;

   3. Products may only be ordered by members of AWE who are registered to use this site.

   4. Products may only be purchased for personal, household or domestic use and not for resale or other purposes.

   5. Restrictions may be imposed on transfer of products purchased to another person and you agree to abide by any restrictions imposed.

   6. Refunds are not offered where you change your mind about a product purchased.

   7. The description of a product may contain additional terms and conditions and restrictions on supply. You agree to be bound by any such conditions or restrictions.

   8. Products listed on this site may be withdrawn from sale at any time, even though the product may still appear or be listed as available for sale or supply on this site or a third party website.

   9. You authorize us to accept and act on instructions on your behalf from any person who gives us your User ID and password and you warrant that any person who gives us those details is authorized by you.

8. Terms applicable to supply of a Product by Us

   1. Where you order a product from us the terms and conditions contained in this clause apply in addition to all other applicable terms and conditions:

   2. Placing Orders for products

      1. Any order for a product constitutes an offer by you to purchase the particular product.

      2. We may ask you to provide additional details or require confirmation of your details to enable us to process your order.

      3. You may order products by telephone or via this site.

      4. When you place an order with us by telephone, we will follow the procedure set out below to process your order.

         1. We may ask you certain questions to verify your identity.

         2. We will ask you for your User ID and password.

         3. We will log on to this site using your User ID and password and you authorize us to do so.

         4. We will place an order on your behalf in accordance with the verbal instructions and you authorize us to act on those verbal instructions.

         5. Once an order has been placed we will ask you how you wish to pay for the order. Various payment options will be available from time to time. Currently you may select payment by cheque/money order/cash or by credit/debit card.

         6. Where you elect to pay by credit/debit card we will ask you to supply us with your credit/debit card details so we may enter that information when requested to do so on our secure payment site and to make payment for the products ordered. You warrant that you are authorized to transact on any credit/debit account of which you have given us details.

         7. We may change our telephone ordering procedures and payment methods from time to time in our sole discretion.

   3. Acceptance or Rejection of an Order

      1. We reserve the right to accept or reject an order for any reason, including if the requested product is not available, if there is an error in the price or the product description or in your order.

      2. Each order we accept constitutes a separate binding agreement between you and us for the supply of the products comprised by that order.

      3. If we reject an order we will endeavour to notify you of that rejection within a reasonable time.

   4. Restricted Products

      1. From time to time there may be products listed on this site which are classified by us as "restricted products". These are generally products which may not be supplied to persons under the age of 18.

      2. Where you order a restricted product, by the act of placing the order, you warrant to us that the product is not being acquired for and on behalf of, and is not intended to be supplied to a person who is prohibited from acquiring a restricted product.

      3. We may make such further enquiries as we determine necessary to satisfy ourselves that supply of the restricted product to you will not contravene any applicable laws.

   5. Delivery of Products

      1. When ordering products we will ask that you select a delivery method.

      2. Currently products will be delivered by regular mail, Express Post mail or products may be collected in person at certain specified collection sites.

      3. If you select "mail delivery via Express Post" when placing an order, an additional shipping fee is payable and will be added to the price of your order. We will also ask you to confirm your delivery address. Australia Post advises that delivery for Express Post articles is normally next business day for capital city to capital city deliveries and longer for delivery outside capital cities. Orders sent by Express Post are uninsured. You are responsible if loss in transit occurs.

      4. If you select "regular mail" when placing an order, an additional shipping fee is payable and will be added to the cost of your order. We will also ask you to confirm your delivery address. Orders sent by regular mail are uninsured. You are responsible if loss in transit occurs.

      5. If you select "collect in person" we will ask that you nominate the collection point from the list of collection sites provided. Collection must be in person, or by your agent authorized in writing. Proof of identity will be required before orders can be collected.

      6. We may vary and amend our delivery methods and conditions from time to time.

   6. Payment

      You may pay for products:

      1. Online via our secure payment site;

      2. Cash payment at the cash office at any supermarket;

      3. Cheque made payable to us and delivered or posted to our Head Office; or

      4. Cash payment at any branch of Woolworths Employees Credit Union.

   7. Time for Payment

      1. Payment is only made when we receive cleared funds at our head office or into our nominated bank account.

      2. Payment must be made within five (5) business days of placing an order.

      3. If payment for a product ordered is not received by us within the time specified we reserve the right to cancel the order placed.

   8. Packaging and Dispatch of Orders

      1. Orders will only be filled once we receive payment from you.

      2. Once we receive confirmation that payment has been made we will process your order.

      3. Orders are generally processed by 12 noon EST each working day and orders are then dispatched by the nominated method of delivery generally on the same day.

   9. Risk and Title

      1. Risk in products ordered passes to you when we post the product.

      2. Title to the products passes on payment.

   10. Cancelling an Order

       1. We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

          • the requested products are not available; or

          • there is an error in the price or the product description; or

          • that order has been placed in breach of these terms and conditions.

       2. If we cancel an order we will not charge you for the cancelled order.

       3. You may cancel an order at any time before making payment.

       4. You have no right to cancel an order after payment has been made, but may contact us to discuss matters further.

   11. Substitution of Missing Items in delivery

       1. You acknowledge that a product you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to supply you with that product.

       2. If you select a substitute product for some or all of the products you ordered, we will endeavour to provide you with the substitute product.

       3. If on delivery there are missing items, you should first check the receipt we provide before contacting us to determine if the missing product is marked as out of stock.

   12. User ID and Password

       1. Your member ID for this site is your employee number.

       2. Your password to access this site is initially your date of birth, but you may choose an alternate password at any time. We recommend you change your password when you first access this site.

       3. You must ensure that your password is used when accessing this site and the details of your password are kept in a safe and secure manner.

       4. You must notify us immediately if you are or become aware that there is or has been an unauthorized use of your password or your account or any other security breach relating to your account.

9. Disclaimers

   While we endeavour to ensure the accuracy and completeness of the information contained on this site, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it. In particular, we make no representations or warranties and exclude all liability.

   1. in relation to any of the material on this site (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material); or

   2. in relation to any material of a third party website. We do not endorse or approve the material of any third party website, nor will we have any liability in connection with any of third party website howsoever arising.

10. Our liability

    1. Except to the extent required by law, you agree that AWE and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any losses, damages, liabilities, claims or expenses whatsoever arising out of, or in any way related to, the use of this site or any third party website.

    2. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.

    3. You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms and conditions or of any other legal obligation by you or your use of or conduct on the site.

    4. We do not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.

    5. To the extent permitted by law, our liability and that of any third party supplier for breach of any implied warranty or condition which cannot be excluded is restricted, at our option or the option of the third party as the case may be, to:

       1. supply of the goods and services again;

       2. repair of the goods; or

       3. payment of the cost of having the goods or services supplied again or repaired.

11. General

    1. These terms may be varied from time to time. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the site after a variation to the terms has been posted.

    2. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent to which and within the jurisdiction in which that term is illegal, invalid or unenforceable, the offending term shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

    3. Any failure or delay by AWE in exercising or enforcing any right in these terms does not waive AWE's right to enforce that right.

    4. Information on this site is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the State of Victoria, Australia.

    5. Our Privacy Policy applies to orders placed via this site. You may view our Privacy Police on this site. Where you provide us with your email address you authorize us to send you AWE updates about our products and services except when you elect not to receive such information from us.

    6. All contents of this site are copyright © 2010 Association of Woolworths Employees and/or our licensors. All rights reserved.

    7. For further information on using this site, please contact:

       AWE
       522 Wellington Road.
       MULGRAVE VIC 3170
       Phone: 1300 796 293
       Website: www.awe.org.au