TERMS OF SERVICE

OVERVIEW

This website is operated by Agar Cleaning Systems. Throughout the site, the terms “we”, “us” and “our” refer to Agar Cleaning Systems. Agar Cleaning Systems offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Services.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Agar Cleaning Systems, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Agar Cleaning Systems and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PRIVACY POLICY

This document outlines Agar Cleaning Systems Pty Ltd’s policy on handling the personal information that we collect about individuals in the course of providing our products and services. All people working with and for Agar are required to be familiar, and are required to comply with the obligations set out in this, Agar’s Privacy Policy.

The purpose of this Privacy Policy is to explain:
• Application of this policy
• The kind of personal information that we collect, how we collect it, and how we use it
• How we may disclose that information
• How you can access the information that we hold about you
• The protection of your personal information
• How you can contact us about privacy

Application of this policy
This Privacy Policy applies to personal and sensitive information collected by Agar, whether we have asked for the information or not. Agar is governed by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

Personal information can be defined as any information or an opinion about an identified individual, or an individual who is reasonably identifiable. The information is considered personal information whether it is true or untrue, and whether it is recorded or not. Some examples of personal information may include:

• An individual’s name
• Signature
• Address
• Telephone number
• Date of birth
• Bank account details
• Medical records, etc

Sensitive information is a subset of personal information. Sensitive information is information or an opinion relating to an individual such as:

• Race or ethnic origin
• Political opinions
• Religious or philosophical beliefs
• Membership of a trade union
• Sexual orientation or practices
• Criminal record
• Health information, etc

This policy applies only to Agar. It does not apply to any other company or organisation, including those who have links to Agar content or services. The policy is publicly available via our website agar.com.au, or you can contact us about obtaining a copy of the policy. This policy is reviewed from time to time to take account of new laws and technology, and changes to our operations and practices, and to make sure it remains appropriate to the changing environment.
Collection and use of personal information
During the course of business we may ask you for personal information to assist us in providing you with relevant products and services. The information that we request may include (but is not limited to) the following:

• Personal contact information such as your name, address, telephone numbers, fax numbers, and email addresses
• Personal information relating to your business or professional capacity such as ABN, and position
• Transactional information such as credit card details or bank account details in the event of a purchase from Agar
• Personal information such as copies of identification and your signature
• Personal and/or sensitive information relating to human resources, finance, and general administration purposes

We may collect your personal information:

• Because we need it to provide a product or service that you have requested – for instance, if you purchase products from Agar, or subscribe to an email list
• Because you have provided it to us – for instance if you contact us to make comments, complaints or to ask us questions
• Because we would like to improve our services – for instance through the collection and analysis of statistical and research data
• Because you work for us, or apply for a job or work experience
• For purposes directly related to any of the above
We collect personal information directly from you through application forms, or by recording information that you have provided through phone calls, interviews and other forms of communication. We may also gather publically available information.
We will never knowingly send you unsolicited commercial electronic messages. We may use information that we know about your likes and interests to tell you about other products and services.

It is your choice as to whether or not you provide us with your personal information, however if you choose not to then we may not be able to fulfil your request for products or services. If you wish to remain anonymous or to use a pseudonym when dealing with us, we may be able to provide you with limited information or services, such as general details about our products. However in many cases it will be impracticable for us to assist you if you wish to remain anonymous or use a pseudonym.

Disclosure of personal information
The first priority of Agar’s use of personal information is to protect its confidentiality, subject to the particular use the information is being put to. Personal information will not be revealed, sold, distributed, rented, licensed, shared or passed on to any third party unless consent has been granted by the individual or organisation, or Agar is required to do so by law.

From time to time we may share your personal information with other entities. The entities that we might share your personal information with vary according to the product or service involved, but could include:

• Service providers and specialist advisers we engage to provide us with services such as administrative, financial, or legal services, some of whom may contact you on our behalf
• Courts, tribunals and other dispute resolution bodies in the course of a dispute
• Anyone authorised by you or to whom you have provided your consent (either expressly or impliedly)
• Anyone to whom we are required or authorised by law to disclose your personal information (for example, law enforcement agencies, and national government and regulatory authorities including but not limited to the Australian Taxation Office, Child Support Agency, etc.)

Some of the entities we share information with may be located in, or have operations in, other countries, for example New Zealand and Thailand.

Protection of personal information
We take reasonable steps to maintain the security of personal information to protect it from unauthorised disclosures. Personal information is stored as hard copy format in our secure offices, and in electronic format in our secure servers.

We take a number of steps to protect personal information from misuse, loss, unauthorised access, modification or improper disclosure. These include instructing staff who handle personal information to respect the confidentiality of customer information and the privacy of individuals.

We may be legally required to maintain some of your records for a significant period of time. However, once we believe information is no longer needed we may remove any identifying details or destroy the records entirely.

How you can access your personal information or make a complaint
You can contact us to:

• Seek more information about anything contained in this policy, or to request a copy of this policy
• Update or correct your personal information
• Opt out of receiving direct marketing material
• Ask about accessing the personal information we hold about you; or
• Make a privacy related complaint

Agar welcomes feedback about privacy issues and will attend to all questions and complaints promptly. We can be contacted in one of the following ways:

• By telephone: 03 9480 3000
• By email: feedback@agar.com.au
• In writing: PO Box 8056
Northland Centre VIC 3072

We will refer a complaint to our Privacy Compliance Officer to respond to your concerns. We take privacy-related complaints very seriously and consider all complaints carefully as part of our commitment to being open, honest and fair in dealing with your concerns. In most cases, we’ll contact you within five working days of receiving your complaint to let you know what actions we are taking regarding the matter.