Terms Of Use

Last updated 3 July 2018

These terms of use (together with the documents referred to in them) tells you the terms of use on which you may make use of our website www.alpha-h.com (our website). Use of our website includes accessing, browsing, or registering to use our website.

These terms should be read together with our privacy policy, our cookies policy, and any location specific legal notice.  Please read these terms of use carefully before you start to use our website, as these will apply to your use of our website. We recommend that you print a copy of this for future reference.

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our website.

  1. Notice to customers

Due to the nature of our business, we do not guarantee the sale of Alpha-H products on eBay, Amazon.com or OzSale.com.au and will not be held responsible for any transactions made through these sites. We urge our customers to purchase our products from our authorised stockists only which can be found by clicking here.

  1. Changes to these terms

We may revise these terms of use at any time by amending this page.  Please check this page from time to time to take notice of any changes we made, as they are binding on you.

  1. Changes to our website

We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.  We do not guarantee that our website, or any content on it, will be free from errors or omissions.

  1. Accessing our website

Our website is made available free of charge.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.  You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.  If you know or suspect that anyone other than you knows your user identification code or password and you require our assistance to reset or disable the code or password, you must promptly notify us at [[email protected]].

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

  1. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

By posting or adding any content onto the website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

  1. No reliance on information

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.  Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

  1. Limitation of our liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these terms of use.

You may have rights under consumer protection legislation such as the Australian Consumer Law.  These terms of use are to be read subject to and in addition to your rights under any such legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

  1. Viruses

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.  You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.  In the event of such a breach, your right to use our website will cease immediately.

  1. Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our website other than that set out above, please contact [[email protected]].

  1. Third party links and resources in our website

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources and we are not liable for the privacy practices of such other websites.  We encourage you to be aware when you leave our site to read the privacy statements of every website that collects personal information. You access destination links at your own risk.

  1. General

If a provision of these terms of use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.  This Agreement is governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.