Legal Agreement
The Hills website at the URLs hills.com.au, hills.co.nz and hillsinvestor.com.au and/or any page accessible on it (Website) is owned and operated by Hills Limited (Hills). By placing orders for products made available from time to time (Products) on, or dealing with Hills through, this Website, you accept without limitation, modification or qualification, the terms and conditions set out in this document (Terms).You and Hills acknowledge that you are parties to an arrangement under which Hills’ standard Trading Terms Agreement (Trading Terms) apply to both you and Hills, and agree that nothing in this document affects or restricts the Trading Terms, and that these Terms apply in addition to the Trading Terms. In the event of an inconsistency between these Terms and the Trading Terms, the Trading Terms will prevail to the extent necessary.
Subject to the preceding clause, the Terms comprise a legal agreement between you and Hills, and by accessing and using this Website in any manner whatsoever, you are representing to Hills that you have read, understood and agree with the Terms in full.Hills reserves the right to modify the Terms in its absolute discretion from time to time without individual notice to you. You should periodically monitor the Terms to ensure that you are updated as to any modifications, which will be effective from the date of posting or such other future date as Hills may specify. You will be deemed to have read, understood, agreed to and accepted any modifications to the Terms if you continue to use the Website after the effective date of such modifications.If you do not agree to any part of the Terms or otherwise do not wish to be bound by the Terms, you must not access or use the Website.
No Guarantees or Warranty
Hills has made every reasonable attempt to ensure the accuracy of the information displayed on the Website. However, Hills does not guarantee that the information is complete, correct or current at all times and to the maximum extent permitted by law accepts no liability for any reliance placed by any person on the information displayed on the Website.Without limiting the above, Hills makes no guarantee with respect to the availability of any Products listed or shown on the Website and their price is subject to change without notice. The Website and its contents are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, and apart from any express warranty provided in writing in respect of any Product (Warranty), Hills makes no guarantees, representations or warranties whatsoever regarding the acceptability, compliance with description, correspondence with sample, suitability, merchantability, performance, availability, quality, fitness for purpose and/or reliability of the Products. Despite clause 3 above, Hills acknowledges that certain Australian legislation implies particular non-excludable requirements into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (Non- Excludable Terms). Hills does not by virtue of these Terms exclude, restrict or modify any of the Non-Excludable Terms. For the avoidance of doubt, nothing in this clause or the Terms is intended to exclude, or is to be interpreted as excluding, any Non-Excludable Term that cannot lawfully be excluded or disclaimed by Hills and accordingly, nothing in these Terms limits any remedies which may be available to you at law and which cannot lawfully be excluded by Hills, including in respect of any breach of a Non-Excludable Term which may be applicable. In addition, but without limiting the preceding clauses or the terms of the Warranty applicable to any of our Products, if you are deemed to be a consumer under the terms of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), Hills advises you that: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. With respect to any special offers advertised through the Website from time to time, such offering shall be subject to any specified conditions of sale and availability of the Product.
Making Claims under Product Warranty and Returning Products
Orders
You understand, acknowledge and agree that information regarding Products displayed from time to time on the Website does not constitute an offer to sell by Hills, but rather an invitation to treat only. By completing the appropriate order form on the Website indicating the Product(s) you wish to order and submitting this completed form to Hills, you make an offer to Hills to purchase the Product(s) on these Terms together with any other additional terms specified in the order form. No order that is submitted will be deemed accepted by Hills unless and until Hills has issued written acceptance of the order, and Hills will notify you by email within 72 hours of submission whether your order has been accepted or rejected. You acknowledge that Hills can reject any order that is submitted in its sole discretion. Upon receiving a confirmation email stating that an order has been accepted, a contract for the sale by Hills and purchase by you of the relevant Products, incorporating these Terms and subject to the requirements of the Trading Terms Agreement, will come into existence and the Product(s) purchased will be dispatched to you in accordance with our delivery terms set out below. Once your order has been submitted to, or accepted by, Hills, you cannot amend or cancel it, unless Hills otherwise agrees in its sole discretion.
Payment Test
Your purchase of Products is subject to Hills’ credit terms and conditions that apply to the trading account established for you under the Trading Terms Agreement. Hills may also offer you the ability to make payment for the ordered Products in full, without deduction, at the time of submitting your order. In this event, you can make payment to Hills via the Website at the time of placing your order for Products either by credit card or such other secure online payment facility as is made available on the Website from time to time. If you make payment for an order of Products via the Website and that order is rejected or otherwise declined by Hills, or if you cancel the order as permitted by these Terms, Hills will refund the amount you have paid in full, without deduction, onto the credit card or other payment facility through which you originally made payment. Not withstanding any other agreement between you and Hills (including the Trading Terms), the prices as described in these Terms apply. For the avoidance of doubt, this means that unless shown on the Website, no discount, rebate, incentive, commission, deduction, chargeback, setoff or special price shall apply to you or the Product.
Prices
Delivery
Title and Risk
If a contract is formed between you and Hills, title to, and risk in, the Products will pass to you as specified in the Trading Terms Agreement. You must inspect Products at the time of delivery and advise Hills within 5 calendar days of any damage to Products, missing parts or components and other similar issues. If you do not do so, then to the extent permitted by law, the Products will be deemed to have been delivered to you in good order and condition, correspond with viewed descriptions, and be acceptable and fit for purpose. If you notify Hills of any issues with delivered Products as stated in clause 2 of this Section, then the terms of the Warranty provided by Hills in respect of those Products will apply. Please consult the Trading Terms Agreement for details on how to return Products to Hills.
Privacy
To read our Privacy Policy, the terms of which are incorporated into and form part of these Terms, click here. For the avoidance of doubt, you agree that any and all personal information/data relating to you collected by Hills from the Website (including details relating to the ordering and purchasing of any Product) from time to time may be used and disclosed for such purposes and to such person as may be required for Hills to perform its obligations under these Terms or conduct its business generally.
Intellectual Property
You acknowledge that Hills is the owner or authorised user of all intellectual property rights associated with the Website (Intellectual Property) (including but not limited to all intellectual property rights in and associated with the domain names hills.com.au, hills.co.nz and hillsinvestor.com.au, the “HILLS” name and logo, the Products, and all other trademarks, logos, text, graphics, images, photographs, data compilations, software and modifications to such items which are made or developed from time to time), and acknowledge and agree that nothing in these Terms includes any transfer of title or ownership to you of any such rights, and understand that you much not use or attempt to register any trade mark, business name or domain name which is similar or identical to any of those trade marks, business names, domain names and other brands used by Hills (including in connection with the Products).Hills grants to you a limited, non-exclusive, revocable license to access and use the Intellectual Property and all other aspects of the Website solely for the purpose of making offers to Hills in accordance with these Terms to acquire Products as contemplated by the Trading Terms Agreement, and otherwise accessing and using the Website as permitted by these Terms. You may print and/or use the contents of the Website for personal non-commercial purposes only. Except as provided for in clause 2 of this “Intellectual Property” Section of the Terms, you must not use, reproduce, duplicate, copy, resell, access, reverse engineer, modify, create derivative works based upon or otherwise access any of the Intellectual Property or any aspect of the Website, whether in whole or in part, for any purpose without the prior written consent of Hills.
Security and Virus Protection
Hills cannot and does not guarantee that the Website is virus-free and/or secure, and to the fullest extent permitted by law Hills will not be liable for any loss or damage suffered as a result of any virus or breach of security (including but not limited to loss or damage suffered by you or any other party as a result of payment information being submitted through the Website in connection with any ordered Products).
Links to Third Party Websites
The Website may include links to other websites, contents or resources. These linked websites, content or resources may be operated by a third party and Hills makes no guarantee or representation as to the quality, reliability, accuracy, completeness or otherwise of these websites or information contained therein. The provision and existence of these links on the Website does not imply, and must not be construed as implying, that Hills endorses the link or provides any warranty, guarantee or representation with respect to its contents.
Links to Third Party Websites
You must not access (or attempt to access) any part of the Website by any means other than through the interface provided. Any suspected fraudulent or illegal activity of the Website (direct or indirect) may be referred to appropriate law enforcement authorities. Where you are required to provide information to Hills for the purposes of placing an order of Products and/or making payment of these Products, you agree to provide true, accurate, current and complete details. You must not impersonate another person or use a false name or that of a person you are not authorised to use. You agree that you use this Website at your own risk and in doing so agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of Australia in connection with access to, and use of, the Website. The Website is intended for use within Australia. Hills makes no representation that the Website is appropriate or available for use in other locations/jurisdictions outside Australia.
No Liability
To the maximum extent permitted by law, but without affecting the Warranty available in respect of Products, Hills disclaims all liability (including any indirect, incidental or consequential damage or loss) suffered or incurred by any person, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the Website and/or the Products, including but not limited to any loss, damage or expense arising from or in connect with any defect, error, imperfection fault, mistake or inaccuracy in, of, or on the part of (as applicable) the Website or its contents and/or the Products. Despite anything else to the contrary in these Terms (but subject to the Warranty Terms that apply to Products supplied), to the extent Hills is unable to fully exclude its liability generally or for breach of any Non-Excludable Terms, or if you become entitled to obtain any legal remedy for breach of these Terms, then to the maximum extent permitted by law that remedy will be limited to any one of the following, at the option of Hills: in the case of goods (including the Products) – the replacement or repair of goods, the supply of equivalent goods or the payment of the cost of replacing the goods, acquiring equivalent goods or having the goods repaired; and in the case of services – the supply of the services again or payment of the cost of having the services supplied again. Without limiting or affecting any other provision of these Terms, to the maximum extent permitted by law, our maximum aggregate liability to you for any losses, damages or costs you incur or sustain in connection with any Products or their supply by us is limited to the amount you have paid or are required to pay to us in respect of the relevant Products.
Indemnity