Trade Online Terms and Conditions | Mitre 10, always Mighty Helpful to the Trade

1. NATURE OF THE AGREEMENT

1.1 This agreement (Agreement) is between you (Customer Member/you) and Mitre 10 Australia Pty Ltd ABN 98 009 713 704 (Mitre 10) and the participating store/s (Store).
1.2 Customer Members of TradeOnline/Trade App (Program) with accounts in participating Stores can access your account information online (quotes, orders, invoices, statements, secure payments, customer balances, etc.). If you have accounts with multiple Stores, you can view all the account details using a single login. The accounts, purchases made pursuant to them and all other matters are subject to the Store’s and Mitre 10’s terms, conditions and policies prevailing at the relevant time.
1.3 Members of the Mitre 10 Trade App can access Trade rates, and receive special offers and events offered by participating Mitre 10 Stores or Mitre 10 from time to time.

2. BECOMING A MEMBER

2.1 An Individual who works in the building industry can apply for membership of TradeOnline/Trade App, (not an incorporated entity, [body corporate – i.e. company] – or unincorporated business or partnership) by completing the registration process online. Registration process involves providing details of the individual (Name, email etc.), ABN and related Store account(s).
2.2 For linking the Store accounts to your membership, Customer Members will be issued with an invitation code by the Store. Alternatively Customer Members will be able to link the accounts by answering a series of security questions. For Trade App, The Customer must provide proof of their involvement in one of the Trade categories on the application form.
2.3 Membership can be terminated at any time by the Customer Member. Mitre 10 and the Store have the right to refuse membership or cancel membership of any Customer Member at any time at their discretion.
2.4 Membership is not transferable.
2.5 Customer Members must at all times have a valid email address and accept that by being a Customer Member, Mitre 10 and the Store will provide education, offers and invitations via email, SMS or App notifications as a result of gathering data on your account. If the email address provided is not valid the membership will be withdrawn until a valid email address is provided.
2.6 TradeOnline/Trade App uses data collected from Store systems on a daily basis to present the account information to Member Customers. It will take up to 24 hours for transactions/statements generated in Store systems to reflect online. In scenarios where the data in TradeOnline/Trade App is inaccurate, Member Customers can request the Store for a copy of the original transaction from the Store systems. Any data errors in TradeOnline/Trade App will be superseded by evidence of the correct transaction data from the Store.
2.7 Customers Members can invite additional users in their business to access the same account using the TradeOnline user administration screens. TradeOnline also allows Customer Members to manage the access level for their invited users. It will be the responsibility of the Customer Member to ensure at all time that their invited users only have the appropriate level of access and that access is revoked if an invited user leaves their business. Invited users are subject to these Terms and Conditions.
2.8 In applying for and using TradeOnline/Trade App the Customer Member, and any invited users, agree to be bound by these Terms and Conditions, as varied from time to time on our website, and any terms and conditions issued by Mitre 10 (available on request or online at https://www.mitre10.com.au/legal).
2.9 You will be responsible for the content of any material you enter on TradeOnline. All information you enter must be accurate, complete and not misleading, deceptive, defamatory or contrary to law. Mitre 10 is not responsible for and disclaims any liability in relation to the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through TradeOnline. However, Mitre 10 reserves the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that Mitre 10 deems to be illegal, offensive or otherwise inappropriate.

3. GENERAL

3.1 Mitre 10 reserves the right to modify the Program and make improvements at any time without prior notification.
3.2 Members of the TradeOnline/Trade App Program must immediately notify the Store if their account details are compromised. Mitre 10 will suspend the membership and re-issue it after necessary verification.
3.3 To the maximum extent permitted by law, the Store and Mitre 10: (a) expressly exclude any conditions or warranties (whether express or implied and whether arising under statute or otherwise) as to the condition, quality or fitness for any purpose of any goods or services supplied by the Store in connection with the Program; and (b) expressly exclude any and all liability for any loss or damage (whether arising out of breach of these terms and conditions, tort or statute) suffered or incurred by a Customer Member or invited user or their business as a result of any act or omission of the Store or Mitre 10 (or their employees, subcontractors or related entities) in relation to the Program, including without limitation, any change to, suspension, or termination of the Program, the cancellation of any Customer Member’s membership in the Program, the Store ceasing to participate in the Program, out of date materials or transmission of computer viruses, lost profits, business interruption, loss of programs or data or any errors or omissions in recording data. If your use of the Program results in the need for servicing or replacing equipment or data, Mitre 10 is not responsible for those costs.
Mitre 10 and the Store do not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness or timeliness or any other aspect of the information available on TradeOnline/Trade App or that it is suitable for your intended use. The information is provided "as is" without warranty of any kind, express or implied to the full extent permitted by law, including, but not limited to implied warranties of merchantability and fitness for purpose.
Mitre 10 and the Store do not warrant or represent that the Program is free from computer viruses or other typographical errors or defects. Mitre 10 recommends that virus checks should be done on any information downloaded. The use of the Program and the information is at your own risk. Where liability cannot be excluded, any liability incurred by Mitre 10 and the Store is limited to, at the option of Mitre 10, the re-supply of the information on the Program or the repayment of reasonable costs of having the information re-supplied. Under no circumstances will Mitre 10 or the Store be liable for any direct, indirect, economic, incidental, special or consequential loss or damages arising out of the use of the Program or the information, including lost business profits.
3.4 This Program offers Customer Members the ability to view a selection of products that may be available in the Store’s Trade Range at any given time. For Customer Members who have a contract pricing agreement with the Store, the Program will display the pricing applicable to your account on that day. This pricing is Store specific and will not be honoured by other Stores in the Mitre 10 network. Customer Members may choose relevant products from the trade range and request an order/quote with the Store. Upon receiving the request, the Store will respond to you with a confirmed order or quotation. Fulfilment of the order will be subject to acceptance of the terms and conditions in the order shared by the Store and will be further governed by the overarching agreements that applies to your account. The Program will make reasonable efforts to keep the pricing data up to date but this cannot be guaranteed. Where there is a difference between prices displayed in the Program and the order/quote issued by the Store, the order/quote from the Store will supersede that of the Program. If you would like to get the goods delivered, the quote provided by the Store can include an additional delivery charge. Fulfilment of the order will be subject to the acceptance of the quote which will also indicate your acceptance of the delivery charges and all terms and conditions applicable.
All queries in relation to purchases should be directed to the Store. You will pay the Store directly for all goods purchased in accordance with the terms and conditions applicable to your account with the Store. Invoices for goods purchased will be issued directly by the Store. Neither Mitre 10 nor the Store guarantees the availability of products or the time they will be available for collection/delivery, but all reasonable efforts will be made to ensure the ordered products will be available within a reasonable time. If a product is not available, you will not be charged.
3.5 Many of our products come with a guarantee or warranty from the manufacturer. In addition, products and services 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 further reasonably foreseeable loss or damage. You are 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. Full details of your consumer rights may be found at www.consumerlaw.gov.au.
3.6 It is your responsibility to ensure that use of the Program is in accordance with the laws of the relevant jurisdiction where the material is viewed or received. Your access to and use of this Program is governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
3.7 You acknowledge and agree that all content, coding, text, graphics and information available on the Program is protected by copyright, trademark or other intellectual property rights and laws. All other use, copying, adaptation, transmission or reproduction of the Program or any part of it is prohibited except to the extent permitted by Australian and international copyright law and these Terms and Conditions.
The trademarks which appear on the Program are the trademarks of their respective owners. Use of these trademarks without the owner's consent will infringe the respective owner’s intellectual property rights. Nothing in the Program should be interpreted as granting any rights to use or distribute any names, logos, or trademarks except with the express written consent of the respective owner.
No part of the Program may be reproduced, modified, or distributed in any form or manner without the prior written permission of Mitre 10.
3.8 The publication of electronic mail addresses on the Program is to facilitate communications relating to Mitre 10 functions and it must not be inferred as consent by Mitre 10 or the relevant addressee to receiving unsolicited commercial electronic messages.
3.9 If any provision of these Terms and Conditions is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms and Conditions. This is the entire agreement between the parties relating to the subject matter.

4. PRIVACY

4.1 As a condition of membership, Customer Members are required at all times to provide personal information and a current, valid email address to allow Mitre 10 and the Store to contact them on any general Program information of which they need to be aware.
4.2 From time to time, Mitre 10 and the Store will send Customer Members promotional information such as benefits, events, discounts, marketing, planning, product development, direct mail, telemarketing, promotional campaigns for publicity or special offers as offered by the Store or Mitre 10. If a Customer Member wishes to amend any detail or cease receiving this particular type of communication, you can do so from the User Profile section in TradeOnline.
4.3 Mitre 10 is the service provider for the Program and receives the Customer Member’s personal information for the purpose of administering this Program. Mitre 10 will collect, use, disclose and handle this personal information as set out in its Privacy Policy which can be viewed at https://www.mitre10.com.au/legal/privacy-policy. Mitre 10 may update its Privacy Policy on its website from time to time.
4.4 Mitre 10 collects and analyses the purchase history of Customer Members and your demographics to manage and improve the Program and to send special offers that are relevant to you.
4.5 Mitre 10 complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
4.6 Mitre 10 and the Stores collect personal information in order to manage the Program and as set out above and in the Privacy Policy and may, for this purpose, disclose such Personal Information to third parties, including but not limited to agents, contractors, service providers and prize suppliers, as required, and to Australian regulatory authorities. In addition to any use that may be outlined in Mitre 10’s Privacy Policy, Mitre 10 may, for an indefinite period, unless otherwise advised, use the Personal Information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how Customer Members may opt out, access, update or correct their Personal Information, how Customer Members may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
4.7 Mitre 10 and the Store and their related companies may also use your Personal Information in the following ways:

to assist you in establishing your most convenient Store locations and the goods and services you prefer to purchase;
to assist you in placing orders for our goods and services;
to deliver our goods and services to you or assist you in collecting them;
to charge you for our goods and services that we sell to you and to prepare invoices for them;
to provide Mighty Helpful advice to you regarding our goods and services;
to assist us to provide the most amenable customer experience in Store including ensuring your health and safety;
to assess your TradeOnline account application and any other account application with us;
to help us provide the most appropriate range of goods and services available to you;
to address complaints and comments that you make to us;
to arrange for refunds, replacements or any other remedy available to you;
to promote our goods, services and benefits and to hold competitions, promotions, sales and events and advising you of same;
to assist in goods recalls;
to assist us with ensuring quality control for our goods and services;
to conduct market research, seek feedback from customers and analyse and process data collected from you;
to assist our suppliers to provide goods and services to us;
to assist us, our related group companies and our service providers to investigate suspected or actual breaches of law and fraudulent acts; and
for any other purpose we disclose to you at the time the particular Personal Information is collected.

4.8 Mitre 10 and the Store may disclose your Personal Information to third parties for the following purposes:

to enable suppliers to sell us good and services which we can sell to you and to provide product support and service;
to help them provide us with services for our business operations, data monitoring or data analysis activities, and provision of our online services and apps;
to assist in the provision of professional, administrative and operational services to us in connection with our business;
to comply with the law;
to credit reporting agencies and credit providers to help us assess your application that you make to us for a TradeOnline account or other credit account, of any nature; and
other purposes disclosed to you at the time the particular Personal Information is collected.

5. TRADE APP MEMBER RATES

5.1 Trade App Members will receive access to Trade App rates at Mitre 10 stores who participate in the program. These trade rates are only available when Customer Members pay cash. (Not available to store account customers).
5.2 The Tradie Discount rates will vary across stores and may not apply to all items and will be subject to variation over time.
5.3 Trade App Members are identified by the membership number stored on the Mitre 10 Trade App. If Trade App Members cannot produce their membership via their mobile device at POS, they will not receive the Trade rates.
5.4 Membership must have been activated in order for the system to recognize the Customer Member as a Member and be able to receive the Trade App rates.
5.5 Trade App discounts and offers will not be available on products that are on sale, subject to clearance or special offers unless the participating store expressly deems otherwise.