1. Terms of Use
1.1. The website located at www.milestonechemicals.com.au (Website) is owned and operated by Milestone Chemicals Australia Pty. Ltd. ACN 115 166 357 (Milestone).
1.2. Please read the terms and conditions set out below (Terms) carefully. By using the Website, you agree to be bound by the Terms. Your placement of an order also indicates your acceptance of these Terms.
1.3. In these Terms a reference to:
1.3.1. “we”, “our” or “us” is a reference to Milestone Chemicals Australia Pty. Ltd.;
1.3.2. “you” or “your” is a reference to any person accessing, viewing or using the Website;
1.3.3. “Affiliate” means, in relation to a person or entity (the first-mentioned person):
1.3.3.1. a related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of the first-mentioned person; and
1.3.3.2. a related entity (as that term is defined in the Corporations Act 2001 (Cth)) of the first-mentioned person.
2. Use of the Website
2.1. You may access the Website at any time, unless access is temporarily restricted for maintenance, updates, or upgrades. However, your ability to access the Website may depend on factors beyond our control. We are not responsible for any issues arising from those factors, including but not limited to your internet connection quality, device type, or software configuration.
2.2. We may collect information, including personal information, through your use of the Website. For details on how we handle personal information, please refer to our Privacy Policy.
2.3. Your only rights in, or to, the Website or technology used to support the Website is limited to the right to use the Website in accordance with the Terms.
2.5. We may monitor your use of the Website and limit the amount and frequency of goods ordered or provided, or refuse to accept any order, at our sole discretion. In some instances, we may require additional information or verifications prior to accepting an order.
3. Your Account and/or Profile
You warrant and agree that:
3.1. all information you provide to us will be true, accurate, current, and;
3.2. you will maintain and promptly update your information with us to ensure that your information held by us remains true, accurate, current and complete always;
3.3 you are responsible for any error, omission or cost arising from a failure or delay to provide all information requested by us;
3.4 you will keep your account and/or profile details, including username and password, confidential and secure, and ensure there is no unauthorised access to any account and/or profile you hold with us;
3.5 you will be solely responsible for all use of the Website and orders made through any account and/or profile you hold with us, and
3.6 you will immediately notify us of any unauthorised use of your account and/or profile or any other breach of security.
4. Australian Consumer Laws
4.1. Any promotion or provision of goods and services by us constitutes an invitation to treat only. It does not represent an offer to sell, nor does it guarantee the availability of any particular good or service.
4.2. Under applicable State, Territory, and Commonwealth laws—including, without limitation, the Competition and Consumer Act 2010 (Cth)—certain expressed and implied statutory guarantees and warranties may be incorporated into these Terms, and cannot be excluded (‘Non-Excluded Guarantees’). Nothing in these Terms is intended to modify or exclude any such Non-Excluded Guarantees.
4.3. To the fullest extent permitted by law, our liability—and that of our officers, employees, agents, contractors, service providers, successors, assigns, and Affiliates—for any failure to comply with a Non-Excluded Guarantee is limited, at our sole discretion, to one or more of the following remedies:
4.3.1. the replacement of the goods or supply of equivalent goods;
4.3.2. payment of the cost of replacing the goods or acquiring equivalent goods;
4.3.3. the repair of the goods;
4.3.4. payment of the cost of having the goods repaired;
4.3.5. the resupply of the services or supply of equivalent services;
4.3.6. payment of the cost of having the services resupplied; or
4.3.7. payment of the cost of having equivalent services supplied.
4.4. Where the Non-Excluded Guarantees do not apply, we—along with our officers, employees, agents, contractors, service providers, successors, assigns, and Affiliates—disclaim any and all liability for any loss or damage of any kind (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages) that may arise from or relate to your use of the goods or services.
4.5. You acknowledge that you have not relied on our skill or judgment, or that of anyone acting on our behalf, in determining whether the goods or services are suitable for any particular purpose. Instead, you confirm that you have independently assessed and satisfied yourself that they meet your specific requirements.
5. Limitations on use
By accessing and using the Website you warrant and agree that you will not:
5.1. use the Website for any purpose other than permitted under these Terms;
5.2. copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
5.3. hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice;
5.4. use the Website for any activity which we determine is obscene, indecent, offensive or defamatory;
5.5. hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;
5.6. tamper with, hinder the operation of or make unauthorised modifications to the Website;
5.7. use the Website with an incompatible or unauthorised device;
5.8. upload onto the Website any material, or use the Website in any way which:
5.8.1. we consider infringes or may infringe the intellectual property rights of any person; or
5.8.2. is unlawful or violates any law;
5.9. breach any other terms of these Terms.
6. Content standards
6.1. The content standards in this clause 6 apply to all material that you contribute to our Website (Contribution).
6.2. By uploading, transmitting, posting or otherwise making any Contribution you:
6.2.1. grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;
6.2.2. warrant that the Contribution is accurate (where you state a fact); is genuinely held (where opinions are provided); and complies with any applicable law in Australia; and
6.2.3. give your unconditional and irrevocable consent to any act by us which would otherwise infringe your moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of your Contribution.
6.3. We reserve the right (but are not obliged) to:
6.3.1. prevent the upload, transmission, posting or otherwise making available of any Contribution from a user of the Website;
6.3.2. review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
6.3.3. monitor the use of the Website, and store or disclose any information that we collect, including to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.
6.4. You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website by you or any other person.
6.5. You acknowledge and agree that any Contribution made by you must not in any way:
6.5.1. contain any material that is defamatory of any person;
6.5.2. contain any material that is obscene, offensive, hateful or inflammatory;
6.5.3. promote sexually explicit material;
6.5.4. promote violence;
6.5.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.5.6. infringe the intellectual property rights of any person;
6.5.7. be likely to deceive any person;
6.5.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.5.9. promote illegal activity;
6.5.10. be likely to harass, upset, embarrass, alarm or annoy any other person;
6.5.11. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.5.12. give the impression that they originate from us, if this is not the case;
6.5.13. is unlawful or violates any law; or
6.5.14. contain links or reference to other goods, services or websites.
6.6 We may in our discretion determine whether any Contribution complies with clause 6.5.
6.7 By enabling you to upload, post, transmit, or otherwise make your Contribution available on the Website, we do not endorse or support any opinions, advice, or statements expressed by you or others.
7. Technical information and security
7.1. While we take reasonable steps to secure the Website, the transmission of data via the internet or cellular networks is inherently insecure. You acknowledge that you access and use the Website at your own risk. We are not liable for any interference, loss, damage, or disruption to your device or data that may result from your use of the Website.
7.2. It is your responsibility to:
7.2.1. implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output; and
7.2.2. ensure that whatever you select for your use on the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.
7.3. We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
8. Intellectual property
8.1. The Website contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights existing in those things.
8.2. You should assume that any intellectual property within the Website is owned by us or third parties and unless permitted by law, you must not:
8.2.1. copy, modify, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
8.2.2. commercialise any information, products or services obtained from any part of the Website without our prior written consent.
8.3. Nothing contained on the Website shall be construed as granting any licence or right to use any intellectual property on the Website.
9. Third party websites and applications
9.1. The Website may contain links to websites and applications owned or controlled by third parties (Third-Party Websites). We are not responsible for the operation, security levels, content or any other aspect of any Third-Party Website.
9.2. Links to Third-Party Websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products or services.
9.3. We make no representations or warranties and are not liable for:
9.3.1. the content or accuracy of any information contained in a Third-Party Website; and
9.3.2. any loss or damage suffered because of access to, or use of, a Third-Party Website, or the reliance on the information contained within.
9.4. If you choose to visit a Third-Party Website, you do so at your own risk and you should make your own enquiries as to the suitability of the content of the Third-Party Website and the goods and services available for sale on such website.
9.5. Third-party websites may be subject to their own terms and conditions and privacy policies, which will govern your use of and interaction with their products or services. We strongly encourage you to review these terms before engaging with any third-party content or offerings.
10. Exclusion of warranties
10.1. While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change.
10.2. Goods displayed on the Website are for illustration purposes only. Actual goods delivered may vary in colour, shape or size.
10.3. To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
10.3.1. any material and/or information on the Website;
10.3.2. the performance and availability of the Website, goods and services; or
10.3.3. the loss, damage or corruption of any data or other material because of the use of the Website.
10.4. Where liability cannot be excluded, any warranty by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
10.5. We make no warranties or guarantee that the use of the Website, goods or services provided via the Website will achieve your desired outcome.
11. Limitation of Liability
11.1. To the maximum extent permitted by law, we—and our officers, employees, agents, contractors, service providers, successors, and assigns—disclaim any liability for loss or damage of any kind (including direct, indirect, incidental, special, consequential, or exemplary damages) that you may suffer arising from or related to:
11.1.1. your use of, or reliance on, any information or material provided via the Website;
11.1.2. your use of Third-Party Websites;
11.1.3. unauthorised access to any account and/or profile you hold with us;
11.1.4. suspension, termination, or interruption of the Website, in whole or in part, for any reason;
11.1.5. loss of profits, opportunity, business interruption, or loss or corruption of data or information resulting from your use of the Website.
11.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
11.3. You indemnify and agree to keep us and our Affiliates indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms or of any other legal obligation by you or your use of, or conduct on, the Website.
12. Suspension or termination
12.1. We reserve the right to suspend or terminate your access to the Website and any account and/or profile you hold with us at our sole discretion if we believe there has been a breach of the Terms.
12.2. If we notify you of a breach and provide instructions to remedy it, and you fail to take the required action within a reasonable timeframe, you must immediately cease using the Website and accessing any account or profile associated with the Website.
12.3. We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms.
12.4. You have the right to terminate this agreement under the Terms by ceasing to use the Website.
13. Email and SMS notifications
13.1. When you provide us your email address and/or mobile phone number you agree to us sending you communications via email (Email Notifications) and text message (SMS Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” or “opt out” link at the bottom of our Email Notifications. You may choose to stop receiving SMS Notifications at any time by responding “stop” or “opt out” to an SMS Notification.
13.2. If you do not opt-out from Email Notifications and/or SMS Notifications we may send emails and/or SMS to your nominated email address and mobile phone number, and you acknowledge and consent to receipt of those Email Notifications and SMS Notifications.
14. Payments
14.1. Goods and services purchased on the Website must be paid for online at the time of placing your order, unless otherwise stated and/or agreed in writing.
14.2. The prices displayed on the Website for goods and services are current at the time of display but are subject to change. All prices are advertised in Australian dollars and are exclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
If goods or services are listed at an incorrect price due to a typographical error or inaccurate pricing information from our suppliers, we will notify you of the error as soon as practicable. We reserve the right to cancel the order, or part of the order, for the incorrectly priced items—regardless of whether the order has been confirmed or your credit card has been charged. If payment has already been processed, we will issue a refund for the cancelled portion of the order
14.3. We accept all major credit cards. Please provide the billing address and telephone number associated with your credit card as incorrect information may cause a delay in the processing of your order.
14.4. Refunds may take up to 5 to 7 business days to appear on your statement.
14.5. Gift cards should be treated as cash. We do not replace, refund, or redeem defaced, mutilated, altered, lost, or stolen gift cards. Gift cards may be used to purchase goods and services available on the Website but cannot be redeemed for cash or used to pay credit accounts. Each gift card must be redeemed before the expiry date stated on the card. Any remaining balance on an expired gift card will not be credited or refunded. If your purchase exceeds the balance available on the gift card, you must pay the difference using a credit card or another valid gift card.
14.6. You are liable for all transactions on your credit card and any gift card.
15. Delivery and shipping
15.1. We aim to deliver your goods within 7-10 business days from the time your order is confirmed. Actual delivery times may vary depending on your location and the chosen shipping method. Once your order has been dispatched, you will receive a tracking number. If you experience any issues with your delivery, please contact our customer service team at headoffice@milestonechemicals.com.au or call us on 03 9450-4555.
16. General
16.1. We may update these Terms or any aspect of the Website at our discretion. Changes take effect immediately upon posting. By continuing to use the Website, you accept any revised Terms. If you disagree with the updates, please stop using the Website.
16.2. If any provision of these Terms is found to be unlawful or unenforceable, it will be removed or limited as necessary, and the remaining provisions will remain fully effective.
16.3. No waiver of any breach of the Terms will be construed as a waiver of any other breach of the Terms.
17. Applicable Law
These Terms are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms will be handled in Victoria, and you agree to the non-exclusive jurisdiction of its courts. If you access this Website from outside Australia, you’re responsible for complying with local laws that apply to you.