Covertact Pty Ltd - Terms and Conditions
(a) This website (Site) is operated by Covertact Pty Ltd ABN 69 616 907 432 (we, our or us). It is available at: www.covertact.com.au and may be available through other addresses or channels.
(b) By accessing and/or using the Site you each person, entity or organisation using our Platform (referred to as you or user):
(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with and you are at least 18 years old; and
(3) agree to use the Site in accordance with the Terms.
Please read the Terms carefully and immediately cease using the Site if you do not agree to them. These Terms are binding on you from the date on which we provide you with a Secure Login (defined below) to enable you to use the Site.
(c) If the person agreeing to these Terms is doing so not as an individual but on behalf of a company, its employer, an organisation, association, government or other legal entity (Represented Entity), then “you” means the Represented
Entity and the person agreeing to these Terms is binding the Represented Entity to these Terms. If the person accepting these Terms and using our services is doing so on behalf of a Represented Entity, the person represents and warrants
that s/he is authorised to do so.
(d) The Site sells protective garments for people in high risk industries, such as police, emergency services, health services military and security officers. You must not place an order for products through the Site unless you are a member of a high risk industry including the police force, military, health or security industry (Secure Industry).
2. Verification and Secure Login
(a) To order products from us you must verify that you are a member of a Secure Industry before we give you a secure login to access the Site (Secure Login).
(c) Once we have verified your membership of a Secure Industry we will provide you with Secure Login details including an access password to access our Site and order products.
(d) We may provide you with multiple Secure Logins on request to distribute to your employees or members. You warrant that anyone you provide with Secure Login details is also a member of a Secure Industry.
(e) It is your responsibility to keep your Secure Login details confidential. You are liable for all activity on your account, including purchases made using your Secure Login details.
(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time
you place your order.
(b) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
(d) It is your responsibility to check the order details, including selected products, sizing and pricing, before you submit your order through the Site.
(e) It is your responsibility to check the selected sizing of your products. Please ensure you check our size charts available on the Site to order the correct size for you or anyone you are ordering for and ensure that sizing is not different to what you expected including if you are ordering internationally. We may provide limited returns for incorrect sizing at our discretion.
(f) When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
(g) There are additional terms that apply to Bulk Orders (as set out below).
4. Availability and cancellation
(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keepthe Site up to date with the availability of products.
(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply the products you order, we will contact you using the details you provided when you placed your order. You may choose to receive a refund or
a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
(c) Once your Order is made you will not be able to cancel your order as orders are submitted to our Delivery Service (defined below) within 2 Business Days.
5. Price and Payments
(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in
Australian dollars and are inclusive of Australian GST (where applicable).
(b) You must pay the Price using one of the methods set out on the Site (currently PayPal or Stripe or for Bulk Orders via direct deposit).
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
(d) There are additional payment terms that apply to Bulk Orders (as set out below).
6. Promotional Discount Codes
We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
7. Bulk Orders
(a) The terms in this clause are in addition to the order, payment and delivery terms. This clause only applies to Bulk Orders and in the case of any inconsistency between this clause and other clauses in these Terms regarding Bulk Orders this clause will prevail.
(b) You may order products in bulk for any orders above 10 items (Bulk Order).
(c) Bulk Orders may be available to you at a discounted price based on the number of products you order at our absolute discretion.
(d) Bulk Orders are generally available to organisations such as the police force. Individuals can make Bulk Orders by contacting us.
(e) Bulk Orders must be made in writing and signed by you (Purchase Order). Unless otherwise agreed we will send you a Purchase Order form.
(f) You must pay the price for a Bulk Order at the time of making the Bulk Order, unless otherwise agreed, using one of the methods set out on the Site or otherwise on the Purchase Order (also Price).
(g) Bulk orders are insured.
8. Delivery, title and risk
(a) You acknowledge and agree that:
(1) the delivery of products is subject to the processes and procedures of our third party delivery service (Delivery Service);
(2) you must comply with any instructions or requirements of our Delivery Service; and
(3) despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Delivery Service.
(b) If possible our Delivery Service will deliver the products to the delivery address you provide when making your order. Deliveries to Australia and New Zealand are included in the Price. Worldwide delivery will incur higher delivery costs as set out on the Site or otherwise agreed. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(c) Our Delivery Service will normally dispatch products within 7 Business Days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by
the Delivery Service.
(d)Business Day means a day on which banks are open for general banking business in the Northern Territory and Queensland, excluding Saturdays, Sundays and public holidays.
(e) You are encouraged to use your workplace address for delivery and not your residential address, to provide for additional security of delivering your products and your personal information. If you need to change the delivery date or delivery address, please notify us immediately in writing.
(f) Our Delivery Service may deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, the Delivery Service will generally deliver the products to your nearest post office.
(g) Title to the products will remain with us or our Delivery Service until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(h) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
(a) If, within 14 days after the delivery of the products, you notify us in writing of any fault, defect or error in the products, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect,
we will, at our own cost:
(1) repair or remedy the Defect; or
(2) if we are unable to repair or remedy the Defect, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Defect.
(b) If requested by us, you must make available or return to us the products the subject of a notice under clause 9(a), together with all packaging, documentation and proof of purchase which were handed over by us with the products. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us.
(c) For the return of Defect products we will organise and cover the costs of delivery or re-delivery.
(d) Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products will be limited to, and must not exceed, the costs we incur in complying with clause 9(a)(1) or 9(a)(2) (as applicable).
(a) If, within 30 days after the delivery of the product you notify us in writing of an error in size or otherwise for change of mind we offer exchanges (subject to stock availability) or store credit of products where we determine (at our absolute
(1) you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or credit;
(2) the products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;
(3) the products are in their original undamaged packaging with all product tags still intact;
(4) the products are not sale items, custom-made, special buy products or gift vouchers; and
(5) you have notified us using any returns forms required, if applicable, on our Site.
(b) We will not cover the costs of delivery or re-delivery for an incorrect sizing return or a change of mind return and you must cover these yourself.
11. Prohibited Conduct
(a) You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Site or which apply to you or your use of our Site; anything which we would consider inappropriate; or anything which might bring us or our Site into disrepute, including (without limitation):
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent including relating to an individual’s membership of a Secure Industry) or any other legal rights;
(2) using our Site when you are not a member of a Secure Industry;
(3) using our Site to defame, harass, threaten, menace or offend any person;
(4) using any obscene or offensive language on our Site;
(5) interfering with any user using our Site;
(6) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(7) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, any Secure Industry laws, regulations, policies and codes of conduct; or
(8) facilitating or assisting a third party to do any of the above acts.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person including using the products in a Secure Industry;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction
in, any anticipated result, outcome or benefit) with respect to the products.
(c) You understand and agree that the Site’s function is limited to the sale of the products as set out on the Site, and that our responsibilities are limited to facilitating the user functionality and availability of products on the Site. We are not a member of the Secure Industry and users are independent third parties, not our employees, contractors, partners or agents. You acknowledge and agree that we are not providing advice in relation to any Secure Industry or required
products or equipment necessary. We are not responsible or liable for the actions or inactions of any customers whilst using our products in relation to Secure Industry activities.
(d) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
13. Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us or is licensed to us by agreement.
(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
(a) We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Secure Login details) if:
(1) you breach the Terms and the breach cannot be remedied or is not remedied within 5 Business Days of us notifying you of the breach;
(2) you are not a member of a Secure Industry; or
(3) you engage in any conduct that is Prohibited Conduct as described above.
(b) You may stop using the Site at any time for any reason.
(c) We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.
15. Collection Notice
(a) We collect personal information about you in order to enable you to access and use the Site and order products, to contact and communicate with you, to respond to your enquiries, verify you are a member of a Secure Industry and for
(b) We may disclose that information to third party service providers who help us deliver our services (including our manufacturer, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(i) how we store and use your personal information;
(ii) how you can access and seek correction of your personal information;
(iii) how you can make a privacy-related complaint; and
(iv) our complaint handling process.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with, if practicable, or otherwise communicating with a senior
representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power
or right. A waiver must be in writing.
(d) Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision
(or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(f) Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.
(g) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(h) Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(i) Governing law: These Terms and Conditions are governed by the laws of the Northern Territory and where relevant the Commonwealth of Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Covertact Pty Ltd ABN 69 616 907 432
Last update: 20 July 2018