1.1. Visit www.nbtns.com.au (the ‘Website’). The Website lets you browse and buy products listed for sale. The Website provides this service by providing content access.
1.2. Reading, browsing, or using the Website indicates you understand and agree to the Terms. Disputes with the Terms require immediate termination of Website use or Purchase Services.
1.3. NB Trades & Services may update this page with new Terms at its discretion. With reasonable notice, NB Trades & Services will update the Terms. The Terms are effective immediately upon publication. Copy the Terms before continuing.
You accept the Terms by remaining on the Website.
3.1. Register for the Purchase Services and Estimator Form online. Registration or use of the Purchase Services and Estimator Form may require identification or contact information:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password
(f) method of payment, purchase information.
3.2. You warrant that any information you give to NB Trades & Services in the course of completing the registration process will always be accurate, correct, and up to date.
3.3. After completing registration, you will be a Website member (‘Member’) and agree to the Terms. Members have immediate access to Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) You are not of legal age to form a binding contract with NB Trades & Services; or;
(b) You are barred from receiving the Purchase Services under Australian or other laws, including your country of residence or use.
4.1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(c) You alone must safeguard your password and/or email address. Any unauthorised use of your password may result in immediate Purchase Services cancellation;
(d) Third parties cannot use your registration data. You agree to notify NB Trades & Services immediately of any unauthorised password or email address use or security breach;
(e) Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of NB Trades & Services providing the Purchase Services;
(f) You will not use the Purchase Services or Website for illegal or unauthorised purposes, such as collecting Member email addresses for unsolicited email or framing or linking to the Website;
(g) You agree that the Website may remove commercial ads, affiliate links, and other solicitations without notice and terminate Purchase Services. Legal action will be taken by NB Trades & Services for unauthorised Website use;(h) You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through one of the following third-party providers:(a) PayPal (‘the Payment Gateway Providers’) By using the Purchase Services, you agree to the Payment Gateway Providers' Terms and Conditions of Use, Privacy Policy, and other legal documents.
5.3. NB Trades & Services will issue a receipt after receiving payment of the Purchase Price and may record your purchase details for future use.
5.4. If the packaging is unopened and saleable, NB Trades & Services may refund Products returned within 14 days. You agree to pay shipping for any refund under this clause.
6.1. Australian Consumer Law prohibits NB Trades & Services from guaranteeing exclusion. For major product failures, refund or replace. You can repair or replace Products with minor defects (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within from the date of purchase (the ‘Warranty Period’).
6.3. You must email service@nbtns.com.au with the date of purchase, Product description, and price to NB Trades & Services to file a Warranty Claim.
6.4. NB Trades & Services may repair or replace defective Products or parts with a new or remanufactured equivalent at no cost during the Warranty Period. You pay all Warranty Claim shipping.
6.5. The Warranty is NB Trades & Services' sole and exclusive warranty and your sole and exclusive remedy for the Products covered by this warranty.
6.6. All implied warranties, including the warranties of merchantability and fitness for use, are limited to the Warranty Period.
6.7. The Warranty does not cover the appearance of the supplied Products, the additional excluded items below, or any Products whose exterior has been damaged or defaced, misused, abnormally serviced or handled, or altered or modified in design or construction.
7.1. Copyright covers the Website, Purchase Services, and all NB Trades & Services products. Australia's copyright and international treaties safeguard Website content. NB Trades & Services or its contributors own all copyright and rights to page content and compilation (text, graphics, logos, button icons, video images, audio clips, and software).
7.2. NB Trades & Services owns the Website and content. The Website does not grant you ownership of:
(a) NB Trades & Services' business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright;
(b) the right to use or exploit such names; or
(c) a patent, registered design, or copyrighted system or process.
7.3. NB Trades & Services and other relevant rights owners must give written permission to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change the Content or third party contact.
NB Trades & Services takes your privacy seriously, and your information provided through the Application and/or Purchase Services is subject to its website Privacy Policy.
9.1. You agree that NB Trades & Services makes no other terms, guarantees, warranties, representations, or conditions for the Products.
9.2. NB Trades & Services will try to accurately depict a Product on the Website, but you acknowledge that sizes, colours, and packaging may vary.
9.3. These Terms do not limit or exclude any legal guarantees, warranties, representations, or conditions, including the Australian Consumer Law (or any liability under it).
9.4. To the extent permitted by law:
(a) NB Trades & Services excludes all terms, guarantees, warranties, representations, and conditions not explicitly stated in these Terms.
(b) We are not liable for special, indirect, or consequential loss or damage unless it is reasonably foreseeable due to our failure to meet a Consumer Guarantee, loss of profit or opportunity, or goodwill damage.
9.5. Web, Purchase Services, NB Trades & Services are risky. NB Trades & Services Products, Purchase Services, and the Website are “as is” and “as available” without warranty or condition. No affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors guarantee NB Trades & Services' Content, products, or Purchase Services (including the Website). Displacement:
(a) A failure, error, omission, interruption, deletion, defect, failure to correct defect, delay in operation or transmission, computer virus or other harmful component, data loss, communication line failure, unlawful third party conduct or theft, destruction, alteration, or unauthorised access;
(b) the accuracy, suitability, or currency of any Website, Purchase Service, or Content-related product information (including third-party material and Website advertisements);
(c) Costs incurred from using the Website, Purchase Services, or Products;
(d) Content or operation of links provided for convenience;
(e) Transaction failure or loss from e-commerce transactions on the Website; or
(f) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10.1. Contract, tort (including negligence), equity, statute, or otherwise, NB Trades & Services's total liability for the Purchase Services or these Terms will not exceed your most recent Purchase Price. Resupplying information or Purchase Services if you haven't paid is NB Trades & Services's only liability.
10.2. NB Trades & Services, its affiliates, employees, agents, contributors, third-party content providers, and licensors are not liable for direct, indirect, incidental, special, consequential, or exemplary damages. This includes profit, goodwill, business reputation, and intangible losses.
10.3. NB Trades & Services is not liable for any site content (including Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted by users, third parties, or any Purchase Service.
10.4. You agree that NB Trades & Services does not provide the Delivery Services and will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or goodwill damage.
11.1. The Terms will continue to apply until terminated by either you or by NB Trades & Services as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) notifying NB Trades & Services at any time; and
(b) Closing your accounts for all Purchase Services you use, if NB Trades & Services allows it. Please write to NB Trades & Services via the ‘Contact Us’ link on our homepage.
11.3. NB Trades & Services may at any time terminate the Terms with you if:
(a) You have breached any provision of the Terms or intend to breach any provision;
(b) NB Trades & Services is required to do so by law;
(c) The partner with whom NB Trades & Services offered the Purchase Services to you has terminated its relationship with NB Trades & Services or ceased to offer the Purchase Services to you;
(d) NB Trades & Services is in the process of discontinuing the provision of the Purchase Services to Users in the country in which you reside or from which you access the service; or,
(e) NB Trades & Services may determine that the provision of the Purchase Services to you is no longer commercially viable.
11.4. If you violate any provision of the Terms or any applicable law, harm its name or reputation, or violate another's rights, NB Trades & Services may discontinue or cancel your Website membership and suspend or deny your access to all or part of the Website or the Purchase Services without notice, subject to local laws.
11.5. All legal rights, obligations, and liabilities that you and NB Trades & Services have benefited from, been subject to (or accrued over time while the Terms were in force) or are expressly to continue indefinitely shall remain unaffected or apply following the Terms.
12.1. You agree to indemnify NB Trades & Services, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
(a) action, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including full indemnity legal fees) arising from or in connection with any Content you post on the Website;
(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do s,o and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
13.1. Obligatory: If a dispute arises from or relates to the Terms, either party may not commence Tribunal or Court proceedings unless the following clauses are met (except for urgent interlocutory relief).
13.2. Notice: A party claiming a dispute (‘Dispute’) under the Terms must notify the other party in writing of the nature of the dispute, the desired outcome, and the action needed to resolve it.
13.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If, for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator.
(c) Parties share a mediator's fees and reasonable expenses, the mediation venue, and any mediator-requested amounts before mediation. Parties must cover mediation costs;
(d) The mediation will be held in Australia.
13.4. Confidential: All Parties' negotiations related to this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” for evidence purposes.
13.5. Termination of Mediation: If the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.
NB Trades & Services' Purchase Services are for Australians. If a dispute arises from the Website, you agree that the Queensland, Australia courts will have exclusive jurisdiction.
Queensland law governs Terms. Queensland, Australia, will govern, interpret, and construe any dispute, controversy, proceeding, or claim arising from the Terms and the rights created hereby, regardless of mandatory rules. This governing law clause is undisputed. Terms apply to successors and assigns.
Both parties agree that the Terms are fair and reasonable, have sought independent legal advice, and are not against public policy on the grounds of inequality, bargaining power, or trade restraint.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Comments and feedback are appreciated. Comments and interactions are appreciated by NB Trades & Services. All readers deserve respectful and helpful comments. We keep most comments, but delete the following:
(a) harassing comments: We do encourage conversation and discussions, but any comments deemed as disrespectful will be deleted.
(b) Anonymous comments: We only accept comments from people who identify themselves.
(c) Promotional comments: If a comment is solely promotional in nature, we will remove it from the site.
(d) We reserve the right to remove any comments from the site; please leave comments that are respectful and useful.
