SCOPE & PURPOSE

AIR ADDITIONS PTY LTD recognise the importance of protecting the privacy and the rights of

individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information.

 

POLICY STATEMENT

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.

 

PERSONAL INFORMATION

When used in this privacy policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

We may collect the following types of personal information:

·      name

·      mailing or street address

·      email address

·      telephone number

·      facsimile number

·      age or birth date

·      profession, occupation or job title

·      details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries

·      any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise

·      information you provide to us through our service centre, customer surveys or visits by our representatives from time to time

 

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

 

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

·      through your access and use of our website;

·      during conversations between you and our representatives; or

·      when you complete an application or purchase order.

We may also collect personal information from third parties including:

·      from third party companies such as credit reporting agencies, law enforcement agencies and other government entities.

 

Cookies

In some cases we may also collect your personal information through the use of cookies. When you access websites, a “cookie” (which is a small summary file containing a unique ID number) may be sent to your computer. These cookies enable us to recognise your computer. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.

 

IF AIR ADDITIONS PTY LTD CAN’T COLLECT YOUR PERSONAL INFORMATION

If you do not provide us with the personal information described above, some or all of the following may happen:

·      we may not be able to provide the requested products or services to you, either to the same standard orat all;

·      we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or

·      we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

 

COLLECTING, HOLDING AND DISCLOSING YOUR PERSONAL INFORMATION

We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.

We collect, hold, use and disclose your personal information for the following purposes:

·      to provide products and services to you and to send communications requested by you;

·      to answer enquiries and provide information or advice about existing and new products or services;

·      to provide you with access to protected areas of our website;

·      to assess the performance of the website and to improve the operation of the website;

·      to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;

·      for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of AIR ADDITIONS PTY LTD, its related bodies corporate, contractors or service providers;

·      to provide your updated personal information to our related bodies corporate, contractors or service providers;

·      to update our records and keep your contact details up to date;

·      to process and respond to any complaint made by you; and

·      to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country (or political sub-division of a country).

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy

 

Policy.

To whom may we disclose your information?

We may disclose your personal information to:

·      our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

·      suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and

·      any organisation for any authorised purpose with your express consent.

We may combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).

 

DIRECT MARKETING MATERIALS

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the

details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

AIR ADDITIONS PTY LTD may provide your contact information to business partners, supply line partners and other organisations for the purposes of direct marketing only where it is relevant for you, the recipient to do so.

 

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You may request access to any personal information we hold about you at any time by sending an email to ar@airadditions.com.au. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.

 

DISCLOSURE OF PERSONAL INFORMATION TO ANYONE OUTSIDE AUSTRALIA

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

 

SECURITY

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed. As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

 

LINKS

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

 

BREACH OF PRIVACY

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. Our procedure for investigating and dealing with privacy breaches is located below.

 

CHANGES TO OUR PRIVACY POLICY

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. This privacy policy was last updated on March 2014.

If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact The Privacy Officer using the details set out below.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

 

COMPLAINTS HANDLING POLICY

The goal of the complaints handling process is to achieve an effective resolution of your complaint within a reasonable time frame.

 

Making a complaint

A complaint can be reported verbally (by telephone or in person) or in writing (letter or email) to the Privacy

Officer. Locked Bag 1001, Pinkenba QLD 4008

The complaint must include the following information:

·      Name

·      Address

·      Contact Number

·      Email address

·      Who your complaint is about

·      What your complaint is about – why your privacy has been breached, what happened, where it happened and when it happened. We request that you provide as much detail as possible

·      The impact of the breach on you

·      The outcome you wish to see from making this complaint

For privacy reasons we only accept complaints made by the person involved or an authorised representative. If you wish to complain on behalf of another person, please provide proof of

authority to do so.

 

Grievance Procedure

Once the complaint has been received the Privacy Officer will acknowledge and record the complaint via our internal Privacy Complaint Register. The Privacy Officer may liaise with the complainant to seek further information from them and in these circumstances they should be prepared to give as much detail as possible, including any additional documentation. This will enable the contact to impartially investigate the matter to determine an appropriate solution. The investigation process will be documented and all details will be kept confidential. Once the outcome of the complaint has been handled, the complainant will be advised of the decision in writing. The reasons for the decisions will be outlined. Where possible, complaints will be resolved within 30 days of being received.

1. GENERAL

These Standard Terms and Conditions of sale (“the Conditions”) apply to any sale of items,

equipment or services of Air Additions Pty Ltd as trustee of the Mega Investment Trust (“Air

Additions”) or, where a quotation is made, shall form part of that quotation.

Air Additions may vary the Conditions from time to time, and the Conditions as varied shall be

published on the Air Additions website. The purchaser agrees that the ordering of any goods or

services after the publication of the variation of the Conditions on the website will be an

acceptance by the purchaser of the varied Conditions.

No variation or cancellation of any of the Conditions shall be binding on Air Additions unless

agreed by a responsible officer of Air Additions in writing. No agent or representative has the

authority to waive or alter the Conditions.

The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods

or services with Air Additions by telephone, email, in writing or by facsimile transmission.

 

2. PRECEDENCE

In the event of a conflict between the Conditions and those which may be included in, or implied

by, any document forming part of any enquiry, specification, order or contract then the Conditions

shall prevail unless they are expressly varied by Air Additions in writing. If any Condition is contrary

to or excluded by law then the Conditions shall be modified but only to the extent of excluding

that part of the Conditions so affected.

 

3. ACCEPTANCE

A quotation is not to be construed as an offer or obligation to sell and Air Additions reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case Air Additions shall be under no obligation in respect of such order.

 

4. PRICES

All prices are subject to change without notice and orders are accepted by Air Additions on the

condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavour will be made to give 30 days’ notice of any increase.

All prices shown in the published catalogues or price lists are recommended selling prices only

and there is no obligation on the part of any reseller to maintain such prices.

A quotation includes only such goods as are specified therein. Air Additions reserves the right to

cancel any sale where goods offered ex stock have been previously sold or otherwise committed. A $20 surcharge may apply at the discretion of Air Additions if an order value is less than $100.

 

 

 

5. TERMS OF PAYMENT

The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to Air Additions thirty (30) days from the end of the month of purchase, unless otherwise agreed in writing by Air Additions.

 

6. DELIVERY

Air Additions will endeavour to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time the essence of the contract of sale of the goods and services. Air Additions will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services. The delivery period quoted commences from the date Air Additionsreceives sufficient information to proceed with the supply or from the date Air Additions receives the purchaser’s written order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order.

 

7. GOODS RETURNED FOR CREDIT

Goods will not be accepted for credit without prior approval of personnel at Air Additions’s

nearest sales office. In the case of the return of buy-ins against the purchaser’s order, credit will only be allowed if the original manufacturer/supplier also accepts the return.

All goods returned should be in their original containers and should not be shop soiled, obsolete or shop damaged. All such goods may be rejected or credited at a reduced rate.

Cut lengths of cable will not be accepted for return under any circumstances. No claim will be recognized unless such claim is made within seven (7) days of delivery and in every case the original invoice number and date must be quoted. All goods approved for return shall be returned freight pre-paid and may be subject to a 15% restocking charge.

 

8. CANCELLATION

Any order may, at the option of Air Additions, be terminated in the event of insolvency of the

purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser or the purchaser’s credit

worthiness or credit standing alters, in the opinion of Air Additions, from that disclosed in its application for credit.

 

9. VARIATION

A variation or cancellation of any order by the purchaser is subject to acceptance by Air Additions of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies Air Additions against any loss or damage as a result of such variation or cancellation.

 

10. WARRANTIES LMITED

Air Additions warrants that the goods it supplies shall be of good and merchantable quality and

its liability shall be limited only to the repair or replacement of any faulty or defective goods in

terms of the manufacturer’s warranty and Air Additions does not, unless specifically required by

law, give any warranty beyond the manufacturer’s warranty, and in no event shall Air Additions

be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.

 

11. INSPECTION

The purchaser has seven (7) days from the date of delivery of the goods within which to provide

Air Additions with written noticed of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated time period then Air Additions shall be deemed to have complied the purchaser’s order in all respects including delivery, quality and quantity.

 

12. PACKAGING, DAMAGE OR LOSS IN TRANSIT

Air Additions uses every care in packing but, unless otherwise agreed, shall not be liable for any

loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted

by Air Additions and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to Air Additions after forty eight (48) hours of such inspection, and while Air Additions shall endeavour to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.

 

13. PURCHASER’S SPECIFICATIONS

Air Additions shall be under no obligation to comply with any specification or drawings referred

to in any order unless such specifications or drawings have been produced to Air Additions prior

to delivery of goods and signed by Air Additions. Otherwise Air Additions does not warrant nor

represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of Air Additions in relation to the suitability of the goods for a

particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.

 

14. RISK

All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by Air

Additions for delivery to the purchaser and the purchaser shall be solely responsible for insuring the goods in transit.

 

15. CREDIT

Air Additions may at any time suspend or vary any credit extended to the purchaser or withhold

the delivery of goods or services already ordered as Air Additions in its sole and absolute

discretion determines.

 

 

16. DEFAULT OF PURCHASER

The purchaser expressly agrees that if the purchaser fails to pay Air Additions the invoiced price

of any goods and services by the due date for payment, then Air Additions:

(i) shall have the immediate right to bring an action against the purchaser for payment of

the invoice price of the said goods and services, notwithstanding that ownership and

property in the said goods and services shall not have passed to the customer;

(ii) may refuse to supply any other goods and services to the purchaser;

(iii) may claim the return of any goods in the possession of the purchaser where title in such

goods has not passed to the purchaser; (iv) may determine the contract and/or suspend manufacture or delivery, installation, commissioning or testing of any goods then outstanding;

(v) may retain any security given or money paid by the purchaser or available through

enforcement of guarantee or security bonds lodged and may apply such security or

money against the loss and damages incurred by the failure of the purchaser to pay;

(vi) may withdraw or vary any credit extended to the purchaser without notice to the

purchaser; (vii) may without notice make all moneys owing by the purchaser to Air Additions on any account immediately due and payable; (viii) may take such steps as it deems necessary to mitigate any damage suffered including the putting to use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the purchaser; and (ix) may charge interest on overdue accounts at the rate not exceeding the standard overdraft rate offered by the Commonwealth bank of Australia on the day of calculation.

 

17. RETENTION OF TITLE

(i) The legal and equitable title in the goods will only pass to the purchaser when all moneys

owing by the purchaser to Air Additions on any account whatsoever have been paid in

full. Pursuant to the terms of and as defined by the Personal Property Securities Act 2009

(Cwth,)(“PPSA”) the purchaser grants to Air Additions a security interest in the goods to

secure payment of the moneys owing which is a purchase money security interest to the

extent to which it secures payment of such moneys owing and consents to Air Additions

registering this security interest under the PPSA and waives any right to receive notice of

such registration. The purchaser must not do or permit anything to be done which may

result in the purchase money security interest granted to Air Additions ranking in priority

behind any other security interest. (ii) Until such payment in full, the purchaser acknowledges that the goods are held by the purchaser as bailee for Air Additions and that a fiduciary relationship exists between Air Additions and the purchaser in relation to the goods, which must be stored separately as a fiduciary of Air Additions in good condition and in such a way which clearly indicates the ownership of Air Additions in the goods. (iii) While Air Additions retains title in the goods the purchaser shall not bail, pledge, mortgage, charge, obtain or grant a lien over, lease or assign by any other way the goods or any security in the goods. (iv) The purchaser irrevocably authorises Air Additions by its servants or agents to enter to enter upon any site where the goods are located to take possession of the goods without any prior notice or for any purpose connected with or in relation to the protection or enforcement of the rights of Air Additions to the goods. (v) The purchaser shall be liable for the payment of all costs, charges and expenses incurred by Air Additions on a full indemnity basis (including legal costs, repossession costs and the cost of any mercantile agent) in the recovery or attempted recovery of the goods or of payment of any moneys owing by the purchaser to Air Additions or in the protection or enforcement of its rights in relation to the goods.

(vi) To secure payment of all moneys which may become payable by the purchaser to Air

Additions on any account whatsoever the purchaser hereby charges with the due

payment of all moneys payable by the purchaser to Air Additions all of the purchaser’s

beneficial interests in freehold or leasehold property held by it now or in the future as

security for payment of all and any moneys payable by the purchaser to Air Additions and

consents to Air Additions lodging a caveat or caveats noting its interest in such property,

and upon demand by Air Additions the purchaser agrees to immediately execute a mortgage or other instrument in terms satisfactory to Air Additions to further secure payment of such moneys. The purchaser hereby and by way of security irrevocably appoints every officer and legal practitioner of Air Additions jointly and each of them severally as the purchaser’s lawful attorney with the power and for the purpose of executing (including as a deed) a mortgage or other instrument of security in any form as determined by such attorney over any real property of the purchaser to secure such moneys.

 

18. DISPUTES

If the purchaser disputes any charge appearing on an invoice, then the purchaser shall give written notice of such dispute to Air Additions immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.