NetXpress

Legal & Privacy


Terms and Conditions of Website Use

General Terms and Conditions of Sale

Liquor Terms and Conditions of Sale

Privacy Statement

Content And Liability Disclaimer

Information

Website Links


Terms and Conditions of Website Use
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IMPORTANT: READ BEFORE YOU ORDER
  1. The generation and forwarding of an order by you (the "Customer") using NetXpress constitutes an offer to purchase the products from Staples Australia Pty Limited ("Staples"). All orders are subject to acceptance by Staples, and are otherwise subject to its general terms and conditions of sale.

  2. The display of products and prices on NetXpress does not constitute an offer by Staples to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes.

  3. All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Staples excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on NetXpress.

  4. The Customer´s password and NetXpress access details are confidential information and must not be disclosed to, or used by, any person except for those employees of the Customer with a "need to know" for the purposes of placing orders with Staples. The Customer must return this confidential information to Staples on termination of its relationship with Staples.

  5. All intellectual property rights to NetXpress, including design layout, graphics and content belong to Staples. No copying, modification or distribution of the same is permitted without the prior written consent of Staples.

  6. Access to NetXpress may be terminated at any time by Staples.

  7. NetXpress has been prepared for Australian & New Zealand users only. The Customer represents and warrants to Staples that it is a resident of Australia or New Zealand.

  8. Staples accepts no liability for the Customer´s security breaches, unauthorised use of the Customer´s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.

  9. Staples shall not be responsible for any errors or omissions contained in or on NetXpress. The Customer relies on the information contained in NetXpress at its own risk. The information in NetXpress is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.

  10. Staples reserves the right to make any changes to the information contained in and the layout of NetXpress, including changes to its product range, ordering mechanisms and ordering terms, or to:
    1. change its prices or specifications of any Product; or
    2. deliver a product which has similar functionality to any product ordered with minor differences in specifications, ("Substitute Product"). The Customer shall be deemed to have accepted such changes and differences if the Customer accepts delivery of a Substitute Product.

  11. Except in respect of implied warranties which cannot be excluded by law, Staples does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of NetXpress or the products it supplies.

  12. Staples shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to NetXpress or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.


General Terms and Conditions of Sale
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  1. Scope: All goods and services ("Products") supplied by Staples Australia Pty Limited ("Staples") are supplied on these terms and conditions, with the exception of liquor products which have additional terms and conditions of sale (see below).

  2. Order Acceptance: No order shall be binding on Staples until accepted by Staples. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Staples of an order from the Customer. Staples reserves the right to accept any order in whole or in part. Where Staples makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Staples.

  3. Payment Terms: All credit orders are accepted by Staples subject to satisfactory credit approval of the Customer, and are governed by Staples´ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Staples will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. Staples reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.

  4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Staples. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Staples, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Staples, to hold the proceeds of sale on trust for Staples, in an account in the name of Staples, until payment in full for the Products is made to Staples.

  5. Delivery: Staples reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Staples.

  6. Returns: Staples will accept returns in accordance with the terms and conditions of its then current returns policy available at http://www.staplesadvantage.com.au/returns or upon Customer request.

  7. Customer Specific Stock: Where Staples has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Staples may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Staples against all claims, demands, loss, costs and expenses incurred by or made against Staples, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Staples may use, print or reproduce at the Customers request.

  8. Liability: To the fullest extent permitted by law, Staples excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Products supplied by Staples to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Staples under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Staples, to:
    (a) If the breach or liability relates to goods:
         (i) the replacement of the goods or the supply of equivalent goods;
         (ii) the repair of the goods;
         (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        (iv) the payment of the cost of having the goods repaired;
    (b) if the breach or liability relates to services:
         (i) the supplying of the services again; or
         (ii) the payment of the cost of having the services supplied again.

    Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Staples shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Staples or the failure of Staples to comply with these terms and conditions.

  9. Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer´s order. In the event of any inconsistency, Staples will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Staples reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when order is placed via NetXpress, which are displayed on NetXpress.

  10. GST: Staples reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.

  11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of Australia and the parties agree to submit to the jurisdiction of the courts of that country.

  12. No Waiver: The failure by Staples to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.



Liquor Terms and Conditions of Sale
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IMPORTANT: READ BEFORE YOU ORDER
  1. All liquor and products containing alcohol ("Liquor") supplied by Staples Australia Pty Limited ABN 94000728398 ("Staples") are supplied on these terms and conditions. No order shall be binding on Staples until accepted by Staples. An individual contract for the supply of Liquor, on these terms and conditions, is formed on acceptance by Staples of an order from the Customer identified on this invoice/ delivery docket ("Customer").

  2. Liquor is sold pursuant to the following licences, depending on where the sale occurs: Victorian Liquor Licence 36067246; ACT Liquor Licence 14005518; Tasmanian Liquor Licence 74819457, or NSW Packaged Liquor Licence Number LIQP770010022.

  3. Both the Customer and the person placing the order for Liquor warrant to Staples that
  4. (a) he or she is not under the age of 18 years;
    (b) he or she is not procuring the Liquor for or on behalf of a person who is under the age of 18 years; and
    (c) a person over the age of 18 years will be available to accept delivery at the Customer´s place of business . Both the Customer and the person placing the order for Liquor will and do indemnify Staples from and against any claim made against, or loss, expense, fine or penalty incurred by, Staples arising out of a breach of this warranty.



Privacy at Staples
Australian Privacy Policy
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At Staples we value the trust of our customers. To earn your trust, we respect your privacy in handling personal information relating to you and your transactions with us.

Our Privacy Policy explains the types of information we collect, how and why we collect information and how you may access and update personal information. This policy and the Privacy Act does not apply to employee records held by Staples.

What we collect

We collect the following personal information:

  • Customer name, address, contact details (including phone, fax and email) and trade references
  • Names and addresses of the directors, proprietors and owners of corporate customers and any personal guarantors, which are collected as a part of our credit application processes
  • Credit card details
  • Date of birth details for customers who order alcohol from us.

Ancillary to our core business activities, we also collect and maintain records of personal information. For example:

  • Contractor name, address, licence, contact and emergency contact details which are used for the purposes of managing our various contractors in accordance with the requirements of our customers and our business requirements; and
  • Potential employee resumes and contact details which are used as a part of the recruitment process for new employees.

How we use and collect personal information

The personal information is collected for the purposes of fulfilling your requests for products and services, performing the necessary credit checks in accordance with our credit application processes, marketing our goods and services (including direct marketing) and receiving payment. Staples may collect your personal information directly from you, when you place an order, where you access and interact with the website or with the Staples Customer Service or Credit team. Staples may also collect information about you that is publicly available including information from websites such as LinkedIn or other websites. There may be occasions when Staples collects personal information from a third party. For example, Staples may also collect personal information from credit reporting bodies and sales and marketing organisations such as Dunn & Bradstreet.

We are required by Liquor Licensing laws to obtain your date of birth if and when you order alcohol from us. We use this information solely for the purposes of complying with our legal obligations, and in order to ensure alcohol is not sold to anyone under the age of 18.

Who has access to personal information

Related body corporates of Staples and contractors may have access to and use your personal information. Personal information may from time to time be retained on data storage systems owned and operated by these related body corporates or contractors in overseas locations in which Staples related body corporates or contractors operate.

The countries in which such recipients are likely to be located are available here

What about cookies

Cookies are small data files that are stored on your computer's hard drive. Cookies do not give us control over your computer.

Our websites utilise “cookies” to provide you with a more convenient shopping experience, such as remembering your login name and password, purchase history and maintaining items in your shopping cart if you leave the site before checkout.

Marketing

Personal information is used by Staples for its legitimate business purposes, as disclosed at the time of collection. It is also used for ancillary purposes such as locating and identifying you and for servicing our relationship with you. Your contact details may also be used by us for the purposes of sending marketing correspondence to you. You may make a request to us not to receive direct marketing communications.

Staples undertakes not to sell, rent or trade personal information. We will not disclose personal information to third parties for them to market goods and services to you. We will not otherwise use or disclose your personal information unless the use or disclosure is authorised under the Australian Privacy Principles. Some examples of where use or disclosure is authorised under the Australian Privacy Principles are:

  • Use or disclosure is required or authorised by or under law
  • Use or disclosure is necessary to prevent a threat to life, health or safety
  • Use or disclosure is necessary to investigate suspected unlawful activity, to prevent or detect a criminal offence or seriously improper conduct
  • Use or disclosure is reasonably necessary for the conduct of or preparation for court proceedings; or
  • You have consented, either expressly or impliedly, to our disclosing the information about you.

As with most business organisations, Staples relies on third party suppliers (agents) to conduct specialised activities such as mail-outs and the dispatch of internet messages. These agents act on behalf of Staples and do not facilitate their own commerical agendas whilst processing your personal information. While personal information may be provided to these agents to enable them to perform their agreed tasks, such information remains the property of Staples at all times and the agent organisations involved may not use or disclose it for their own purposes. To “opt-out” of receiving marketing materials email us at marketing@staples.com.au

How to update your Personal Information and have access to it

We seek to keep personal information that is accurate, complete and up-to-date. To assist us with this, please contact us if any of the details you have provided change. Further, if you believe that the information we have about you is not accurate, complete or up-to-date, contact us and we will correct it.

On request we will provide you with access to the personal information we store about you, but only to the extent we are able by law, and are required under the Australian Privacy Principles.

If we are unable to give you the access requested, we will, if reasonable, consider whether the use of an intermediary would allow sufficient access to meet both our needs. We will also provide you with the reasons for our inability to give you the access requested.

How secure is the data collected

Staples is committed to keep secure the data you provide us and we will take all reasonable precautions to protect your personal information from loss, misuse or unauthorised access or alteration.

Changes to This Policy

Staples may make changes to this Privacy Policy from time to time. This Privacy Policy was last amended on 7 March 2014

Contact Us About Privacy

If you would like further information regarding this Privacy Policy or if you believe that the privacy of your personal information has been compromised, please contact the Privacy Officer by email at privacy@staples.com.au, or in writing to:

The Privacy Officer
Staples Australia Pty Limited
163 O'Riordan Street
Mascot NSW 2020

Should you not be satisfied with the outcome, you may contact the Office of the Australian Information Commissioner.



Content And Liability Disclaimer
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IMPORTANT: READ BEFORE YOU ORDER
  1. Staples shall not be responsible for any errors or omissions contained in or on this Web Site. You rely on the information contained in this Web Site at your own risk. The information in this web Site is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
  2. Staples reserves the right to make any changes to the information contained in and the layout of this Web Site, including changes to its product range, ordering mechanisms and ordering terms.
  3. Except in respect of implied warranties which cannot be excluded by law, Staples does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of this Web Site or the products it supplies.
  4. Staples shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to this Web Site or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
  5. Staples utilises rounding in their pricing. This may cause variances between the single price and the total price displayed.


Information
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IMPORTANT: READ BEFORE YOU ORDER
  1. Unless specifically labelled otherwise, and accepted on that basis by Staples, all information provided to Staples in connection with this Web Site shall be treated by Staples as non confidential.
  2. The contents of this Web Site have been prepared for Australasian audiences only.


Website Links
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IMPORTANT: READ BEFORE YOU ORDER
  1. Staples accepts no responsibility or liability for the content of any other website which is linked to this website, nor does the existence of such a link imply any endorsement, representation or support by Staples.