Bluey Online Ordering Portal

Terms and Conditions of Use

This online ordering portal (the Ordering Portal) is operated by Ameropa Australia Pty Ltd trading as “Impact Fertilisers” ABN 21 009 504 394 (Ameropa, Impact, we or us) of level 8, 5 Queens Road, Melbourne VIC 3004.

These terms and conditions (the Terms) govern your access to and use of the Ordering Portal including the purchase of any goods from it.  By accessing or using the Ordering Portal, you agree to the Terms.  Please make sure you read and understand all of the Terms.

1.  ELIGIBILITY TO USE ORDERING PORTAL

1.1  The Terms are deemed to be incorporated into any current Impact Supply Agreement, Impact’s Conditions of Sale and any other agreement with Impact to which you are party.  To the extent of any inconsistency, the Terms will prevail over the terms of the above agreements and over any other applicable terms (e.g. terms included in any Credit Application).

1.2  You will not be permitted to use the Ordering Portal if you cease to be party to a current Impact Supply Agreement or Impact’s Conditions of Sale (for whatever reason).

2.  USER ACCOUNTS

2.1  Before placing an order through the Ordering Portal for the first time, you must create a new user account by clicking on “Create new user account” on the home page of the Ordering Portal (the Home Page).  You must then provide certain information so that Impact can confirm that you are an existing customer.  The information you provide will be stored by Impact so that it can verify your identity and details every time you subsequently enter the Ordering Portal.

2.2  Once a new user account has been created, you will be issued a unique user name and password.  You must not disclose your user name or password to anyone else, or record or store your password in any manner.  You must immediately notify us in writing of any actual, possible or threatened unauthorised use of your password or any other breach of security of which you become aware.  Upon receiving notification, we may immediately suspend your ability to place orders and, at our discretion, disregard part or all of any orders already placed using your user name and password (whether or not already accepted by Impact).

2.3  Your ability to access this Ordering Portal, or to place orders on it, may be terminated by us without notice at any time and for any reason, and without any liability to you or your customers).

3.  ORDERS

3.1  You can place orders for goods from Impact using this Ordering Portal under the headings “Contracts” and/or “Orders”.

3.2  Each time you place an order for goods using this Ordering Portal, if Impact accepts the order, the order is binding on you.  An order is subject to Impact’s Conditions of Sale, applicable at the time of placement of the order.  For the current versions of Impact’s Conditions of Sale, click on the link at the bottom of the page which is accessible once you have logged into the online ordering portal..  To the extent of any inconsistency, the Terms will prevail over Impact’s Conditions of Sale.

3.3  To order goods on this Ordering Portal, you must select either “Contracts” or search the product of your choice and then fully and accurately complete the online ordering process.

3.4  The online ordering process under the Contracts menu requires you to:

(a)  view the valid contract containing the products you wish to order, select the required products and quantity and insert the purchase order number for the contract listed ;

(b)  review and confirm the details of the order, and then complete the order by clicking the “Accept Contract” button or the “Place Order” button depending upon whether the contract has already been accepted by Impact.

3.5  A contract is not accepted by Impact under the Contracts menu until  Impact has enabled the “Place Order” option to be used by the Customer.  An order is not accepted by Impact in relation to list price products until Impact has listed the order status as “open”.

3.6  Your order may be blocked if there are any issues with your account, in which case you should contact Impact on 1800 88 44 88 to address the issues.

3.7  An order placed using the online ordering process is an offer to buy particular goods for the price specified in this Ordering Portal when you place your order.

3.8  We may reject an order for any reason whatsoever, without liability.

3.9  You are responsible for all costs (including Internet service provider costs) associated with ordering goods.

4.  SPECIAL TERMS

4.1  Some of the goods offered on this Ordering Portal are subject to special terms (Special Terms) that will be notified to you at or before the time of ordering.  The Special Terms will bind the parties to any accepted order.

5.  BOOKING AND PICK UP OF ORDERED GOODS

5.1  This Ordering Portal allows you to request a date and time for the pick up of ordered goods from a plant.  The booking system may be used by viewing the relevant order and clicking on “Request Booking” and entering the details requested. Impact will do its best to meet the requested date and time, but cannot guarantee availability of the details requested. le.

5.2  The pick up date and time will not be considered to be agreed until you have been notified by a representative of Impact of the confirmed pick up date and time.

5.3  Unless otherwise expressly agreed by Impact in writing, all goods will be supplied ex plant, and it will be your responsibility to arrange for delivery.

5.4  The goods must be picked up from the plant, on the date and within the time slot selected.  You agree to reimburse Impact and its officers, employees, agents and contractors in respect of loss or expense suffered or incurred as a result of your failure to pick up an order from the plant, on the date or within the time slot selected as specified in Impact’s Conditions of Sale. 

6.  PRICE

The price that must be paid for goods ordered using the Ordering Portal is the price indicated in the relevant order accepted by Impact (i.e. the relevant region specific list price applicable at the time the order was placed or a contract price agreed with Impact).

7.  INVOICING AND PAYMENT

7.1  Subject to any Special Terms, upon the scheduled date for pick up of the goods, a tax invoice will be issued setting out the amount payable in respect of the goods to be picked up.

7.2  Unless otherwise stated in the Special Terms applicable to an order, the price payable for goods ordered through the Ordering Portal will be due and payable in accordance with Impact’s Conditions of Sale.

7.3  In some cases the Special Terms will set out a time for payment that is different to that set out above, in which case payment must be made within the time specified.  For example, the Special Terms may require that payment for an order be made immediately upon the order being placed (prior to pick up occurring).  If this is the case then immediately on placing the order, you must contact Impact to arrange for payment to be made.

8.   PRIVACY

9.   We may store, use and disclose any personal information collected by us in connection with this Ordering Portal consistently with our privacy policy which you can access by clicking on the link at the bottom of the home page for the Ordering Portal. SECURITY

9.1  We have implemented technical security measures to protect the content of electronic orders and other information sent through this Ordering Portal.  However, we cannot guarantee the security of the content of any order or any other information.

9.2  You agree that you are responsible for keeping your user name and password secure and that you will be responsible for any and all activities which occur using your user name and password.  You release and indemnify us in relation to any liability, loss or cost arising out of unauthorised use of your user name and password.

10.   LINKS TO THIRD PARTY WEBSITES

10.1  This Ordering Portal may contain links to websites maintained by third parties.  We do not make any representation as to the accuracy or suitability of any of the information contained on those websites, and do not accept any responsibility or liability for the conduct or content of those websites.

10.2  If this Ordering Portal contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to third party websites where goods or services are advertised, the placement of such advertisements on this Ordering Portal does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party.  The third party advertiser is solely responsible to you for any representations or offers made by it.

11.   COPYRIGHT AND TRADE MARKS

11.1  Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained in this Ordering Portal is owned by or licensed to us and all rights are reserved.

11.2  Except as required for the purpose of using this Ordering Portal, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of this Ordering Portal or its content, without our prior written consent.

11.3  You must not use any trade marks, service marks or logos which appear or are used on this Ordering Portal without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.

11.4  You must not create a link to any part of this Ordering Portal (other than solely for your internal business purposes) without our prior written consent.

12.   VIRUS WARNING

We do not warrant that any data (including any file) obtained through this Ordering Portal is free from computer viruses or other faults or defects.  It is your responsibility to ensure that you use appropriate virus scanning software.  We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Ordering Portal.

13.   DISCLAIMER

13.1  We do not guarantee that this Ordering Portal will be accessible at all times, or that access to and use of this Ordering Portal will be uninterrupted, secure, fast or error free.  We are not obliged to continue operating all or any part of this Ordering Portal.  We may modify or close down this Ordering Portal (or part of it) at any time without any liability.

13.2  While we will attempt to ensure that the information we provide on this Ordering Portal is correct, we cannot guarantee its reliability, accuracy or completeness.

14.   LIMITATION OF LIABILITY

14.1  In no event will Impact or any of our officers, employees, contractors or agents be liable for any direct or indirect loss, damage, claim, expense, cost or liability (whether as a result of negligence or otherwise) arising from, or relating to:

(a)  your use or non-use of this Ordering Portal;

(b)  unauthorised use of your user name and password;

(c)  your or any other person’s reliance on information contained in this Ordering Portal (including any action taken by you or any other person as a result of information contained on this Ordering Portal);

(d)  any failure by us to provide information about, or take or accept orders for, any particular goods;

(e)  any failure by us to receive any order or other message (whether placed by email, telephone, facsimile or post) sent by you (or by any other person) or any corruption of any such order or message;

(f)   interception of, or any other unauthorised dealing with, any electronic order or other electronic message sent by you or by any other person;

(g)  inaccuracy or incompleteness of any information contained on this Ordering Portal;

(h)  temporary or permanent unavailability of this Ordering Portal or any goods advertised on it;

(i)  defects in, or problems with, any computer system or communication link (including delays in electronic communication);

(j)  any computer virus or other program device which could damage or interfere with data, hardware or software; or

(k)  any other defect or problem in connection with this Ordering Portal or the activities connected with its operation.

14.2  Except for any which are expressly specified in the Terms, all warranties, conditions and representations (including those that are implied) relating to this Ordering Portal, any information on it and any goods that may be ordered or are ordered through this Ordering Portal are, to the maximum extent permitted by law, excluded.

14.3  Notwithstanding the above, the Terms do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred or implied by the Competition and Consumer Act 2011 or any other applicable legislation.  If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited, at our option, to any one or more of the following:

(a)  in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and

(b)  in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.

14.4  You agree to indemnify us and our officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which we or any of our officers, employees, agents or contractors may suffer or incur as a direct or indirect result of your acts or omissions with regard to the use of this Ordering Portal, the purchase of goods by you through this Ordering Portal (or any part of it) or any breach by you of the Terms (including any Special Terms).

15.   MISCELLANEOUS

15.1  Impact may amend the Terms from time to time.  The amended Terms will be published on this Ordering Portal and will be effective immediately upon publication.  If you continue to use this Ordering Portal after any amendment, you agree to the Terms as amended.  The Terms that apply to any order for goods will be the Terms in effect at the time the order is placed.

15.2  The Terms are governed by, and are to be construed in accordance with, the laws in force in the State of Victoria, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State.

15.3  You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, this Ordering Portal.

16.   QUERIES AND COMPLAINTS

Using the Ordering Portal is intended to be a straightforward and positive experience.  If you have any queries about how to use this Ordering Portal, or if you wish to register a complaint, please contact us on 1800 88 44 88.