TERMS AND CONDITIONS
LFA First Response and its affiliates provide their services to you subject to the following conditions. If you visit or shop at LFA First Response, you accept these conditions. Please read them carefully. In addition, when you use any current or future LFA First Response service, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit LFA First Response website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LFA First Response or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of LFA First Response and protected by international copyright laws. All software used on this site is the property of LFA First Response or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
LFA First Response grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LFA First Response. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LFA First Response. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LFA First Response and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing LFA First Response’s name or trademarks without the express written consent of LFA First Response. Any unauthorised use terminates the permission or license granted by LFA First Response. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LFA First Response so long as the link does not portray LFA First Response, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LFA First Response logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. LFA First Response reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant LFA First Response and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LFA First Response and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LFA First Response or its affiliates for all claims resulting from content you supply. LFA First Response has the right but not the obligation to monitor and edit or remove any activity or content. LFA First Response takes no responsibility and assumes no liability for any content posted by you or any third party.
LFA First Response and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from LFA First Response made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
LFA First Response and its affiliates attempt to be as accurate as possible. However, does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or LFA First Response error-free. If a product offered by LFA First Response itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY LFA FIRST RESPONSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LFA FIRST RESPONSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERPAK PACKAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWERPAK PACKAGING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM POWERPAK PACKAGING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERPAK PACKAGING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting LFA First Response, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LFA First Response or its affiliates.
Any dispute relating in any way to your visit to LFA First Response or to products you purchase through LFA First Response shall be submitted to confidential arbitration in, Australia, except that, to the extent you have in any manner violated or threatened to violate LFA First Response’s intellectual property rights, LFA First Response may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
5% PRICE GUARANTEE
Price Beat (a) a current written quote/invoice displaying the lower price is provided; (b) the quote/invoice is no more than 30 days old; (c) the Goods and Service quoted/invoiced are of the same brand, type, quality and “use by date” as stocked and advertised by LFA First Response (d) if the Purchaser is eligible for free delivery – the quote/invoice includes delivery costs (e) The Price Beat Offer excludes reseller, clearance or contract pricing, and LFA First Response reserves the right not to accept any offer to purchase
CLAIMS AND RETURNS
LFA First Response may ignore claims for supply shortages or delivery discrepancies not notified to LFA First Response within seven (7) days of delivery. LFA First Response may ignore any claim for replacement of goods if (a) LFA First Response is not permitted to inspect the goods on request. (b) the goods where free of faults, defects and damages on supply. (c) there is reasonable evidence that the goods were damaged after supply by misuse or unreasonable use. If you receive a product that you believe is not what was expected we will replace the item or refund your money at our discretion. It will be your responsibility to mail the item back to our postal address in its original undamaged condition.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to. LFA First Response We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We offer Credit Card processing through SecurePay, a business of Australia Post. Credit Card payments are made directly through SecurePay’s secure payment gateway to insure your personal and credit card details are kept safe. None of your payment details are stored, ensuring your details are protected. For more information regarding the SecurePay payment gateway please go to www.securepay.com.au.
PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”):
11.1 (Registration) LFA First Response may refuse to sell or supply goods to the Buyer until the Buyer provides all details and data needed to register a “financing statement” or “financing change statement” under the PPSA with respect to any security interest the subject of these Terms.
11.2 (Application of payments) If the Buyer makes any payment to LFA First Response. LFA First Response may apply the payment to satisfy any obligation of the Buyer to LFA First Response (whether unsecured, secured by security interest, or secured by purchase money security interest). LFA First Response may: (a) apply the payment in any order or manner that it (in its absolute discretion) thinks fit; and (b) amend or re-apply any application made.
11.3 (exclusions) Sections 95, 121(4), 125, 130, 132(3)(d), 132(4), and 135 of the PPSA are excluded and contracted out of to the full extent permitted by section 115 of the PPSA. The Buyer waives the right under PPSA section 157 to receive a notice in relation to registration events which relate to collateral described in the registration as commercial property.
- The information and data LFA First Response Pty Ltd collects and stores are generally of business nature and rarely contain personal information. This information is used only for the purposes of facilitating the supply of products and services to you, the customer and servicing our relationship with you.
- Information is not disclosed to any third party, except where the customer has authorised disclosure to a third party. We only pass on data of this nature to third parties when required by law.
- These data are used for the purposes of preparing quotes, handling orders, fine-tuning our range of offerings to meet the users’ requirements, for optimizing our website’s content and generally keeping customers up to date with new products, offers and prices that are available.
- If at any time you would like to be excluded from LFA’s mailings and marketing material you can contact us on firstname.lastname@example.org or send through a copy of the latest marketing material received and your request to be removed to Customer Service, WA: PO Box 499 NORTHAM WA 6401 WA and other States: PO Box 6352 SILVERWATER BC NSW 1811