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Moduplay Group Pty Ltd
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Moduplay Group Pty Ltd
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Moduplay Group Terms & Conditions

The SELLER, means Moduplay Group Pty Ltd ABN 40 131 937 669 trading as PLAYGROUND PARTS and the BUYER, means the BUYER whose order for the purchase of goods or services is accepted by the SELLER.

 

1- All goods are supplied and/or installed with intent that they are suitable for use by children, and while every endeavour is made to anticipate potential hazards, the BUYER accepts that the goods or installation procedures of the SELLER are not provided with any guarantee they are completely without hazard.
 
2- Where the BUYER requires installation without providing adequate space for fall zones, the SELLER may either at its option decline to install the equipment or will position the equipment as directed by Buyer in which event full responsibility for any consequences for such directions rests with the BUYER.
 
3- The SELLER accepts no responsibility for damage to drainage pipes or any other utility services. Where an installation is delayed or cancelled because of any above ground or underground obstructions or utility service, a fee to cover the SELLER’s time and costs may be charged.
 
4- Responsibility for goods passes to the BUYER on dispatch ex factory, or on completion of installation where applicable. After the time of delivery or completion the BUYER has sole responsibility for the goods.
 
5- Orders accepted by SELLER cannot be countermanded or delivery deferred or goods returned except with the written consent of SELLER which may be conditional.
 
6- The BUYER is responsible to notify relevant authorities and obtain any approvals or permits relating to the installation of equipment. SELLER accepts no liability for the cost of modifications made after equipment is installed where modifications are required by any relevant authority.
 
7- The SELLER reserves the right to make modification without notice to the design and specification of equipment. Delivered and installed equipment may vary in appearance and dimensions from those displayed in SELLER’s catalogues or sketches.
 
8- It is the responsibility of the BUYER to ensure that the equipment is properly maintained and in safe working order before allowing it to be used. The SELLER recommends constant adult supervision when the equipment is in use.
 
9- All conditions, terms and warranties that are or might otherwise be implied by law are excluded to the fullest extent permitted by law.
 
10- SELLER is not excused from legal liability (if any) for personal injury (which includes sickness and death), to the extent caused or contributed by SELLER’s negligence. However, where SELLER is liable for personal injury, the following limits apply. SELLER is not liable for (i) Consequential Loss being loss of use, lost income or profits, loss of or unavailability of or damage to tangible or intangible property, claims made against BUYER by others, and any other special, indirect or consequential loss or damage or (ii) to the extent that something was caused or contributed to by fraud, illegal or unlawful act, breach of duty, negligence or default by BUYER or its contractors or agents or by any third party.
 
11- Parts of the Australian Consumer Law in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law SELLER’s liability under those provisions is limited as follows: SELLER’s liability is limited at SELLER’s option – in the case of goods, to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and in the case of services, to supplying the services again or the payment of the cost of having the services supplied again.
 
12- Except as stated, and subject to the limits above, SELLER is not liable for, and BUYER does not rely on being able to claim against SELLER for, any loss or damage or Consequential Loss under or in connection with or arising out of any agreement for SELLER to supply equipment, goods, services or anything done or omitted in that regard or for that purpose, or in relation to any representation or conduct before, under or in respect of any order.
 
13- Quoted prices will be held for 60 days. However the SELLER reserves the right to amend prices as necessary after this period. All prices for goods quoted are ex SELLER’s factory, unless otherwise stated and a transport charge will apply on delivery of both kit and installed units.
 
14- Prices include an amount equivalent to GST on that supply.
 
15- Payment for goods or services ordered by the BUYER shall be made in full on delivery of the goods or delivery of the services or, if credit terms are offered, by the thirtieth (30th) day after the date of the relevant invoice for the supply of goods or services. If in a particular case SELLER gives BUYER credit SELLER still reserves the right at any time and for any reason in SELLER’s sole discretion to refuse to supply any goods or services to BUYER on credit terms.
 
16- The following provisions apply to secure the payment, on the due date or dates for payment, of amounts that BUYER owes to SELLER and to secure BUYER’s further obligations. These provisions are essential conditions. If BUYER breach any of these provisions then at SELLER’s election all amounts that BUYER owes to SELLER become payable in full immediately. Until BUYER has paid the full price for all equipment and other goods SELLER has supplied (Goods), SELLER remains the owner of the Goods. Until BUYER becomes the owner of any Goods, SELLER may enter into any premises or vehicle if SELLER has reasonable grounds to expect that SELLER may find any part of the Goods there. If BUYER defaults in paying any part of the price in connection with an order then SELLER may re-take possession of all Goods.
 
17- From the commencement of the Personal Properties Securities Act 2009 (the PPSA), the following further provisions apply to the extent if any that SELLER’s interests are regulated security interests. BUYER acknowledges and agree that in each case SELLER has a purchase money security interest attaching to the particular Goods covered by an order to secure the payment by BUYER to SELLER of the purchase price and any applicable credit charges and interest payable. BUYER waives any rights it might have under section 157 of the PPSA.
 
18- If any variation in sizes and quantities, delivery instructions or any other matters on which a quotation is based SELLER reserves the right to revise and amend the contract price accordingly.
 
19- Should default be made by the BUYER in paying any sum due to SELLER as and when it becomes due the BUYER shall, on demand by SELLER, pay to SELLER interest at the rate equivalent to the rate quoted from time to time by the National Australia Bank as its indicator lending rate or any rate replacing that rate, plus 2%, calculated on a daily basis on any moneys due but unpaid, such interest to be computed from the due date for payment. In that case, without limiting SELLER’s other rights SELLER may suspend the supply of any goods and defer or cancel any outstanding orders.
 
20- This condition applies if something happens which is beyond SELLER’s reasonable control that makes it impossible, more difficult or more expensive for SELLER to perform SELLER’s obligations in the usual way. In those cases SELLER may wait until it is again possible for SELLER to perform its obligations in its usual way without additional difficulty or expense, and SELLER is not liable for any delay which results.
 
21- SELLER will make every reasonable effort to ensure the reasonable availability of spare parts for any particular product type for at least 1 year from the first time it is or was supplied to a customer when it was new.
 
22- These Terms of Trade, whether formally agreed to by the BUYER or not, apply to all sales made by the SELLER, and shall override any other contract agreed to between BUYER and SELLER and where any Terms of Trade of SELLER may vary from conditions of contract of BUYER, then the SELLER’S terms of trade will prevail, and shall be governed by and subject to the laws of the Commonwealth of Australia, and the State of New South Wales.

 

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Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Moduplay Group Pty Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Moduplay Group Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 12-14 Doyle Avenue, UNANDERRA, NSW, 2526, AU. Our ABN is 40 131 937 669. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Privacy Policy

Our commitment to keeping your trust

We handle all personal information within the company with utmost care, in compliance with the Australian privacy laws.

 

Why we collect information

We collect information to provide you with the best service that we can. We need this information to deliver products and services to you, to complete transactions on your behalf and to better understand your requirements and preferences.

We may contact you for additional information or verification before accepting any order.

This information also allows us to provide you with offers that are of more specific interest or benefit to you.

 

How we collect this information

We store your registration and ordering details so that you don’t have to provide them every time you shop with us. The personal information we collect is supplied by you and then verified for our database.

 

What we collect

The information we collect includes your name, business name, address, delivery address, phone number and e-mail address.

 

Sharing your information

We may need to pass personal details such as your name, business name and address to service providers who perform some of our deliveries. This may include major delivery companies, outsourced call centres, mail houses and third party fulfillment contractors.

In special circumstances (for example, if there is a new owner of the business), your information may be transferred as part of that sale. We will not use your information for purposes unrelated to the services we provide without your consent.

We may also provide data to other business partners for various purposes, such as marketing research. In this situation, only details pertaining to the direct transaction and sales of our products will be released.

If you would like to access your personal information, please email your request via the Contact Us page or phone us on 1800 806 145. We take the greatest care to store your personal information securely in order to justify your confidence in shopping with us online.

Only specially cleared team members in our Customer Service Centre and in Marketing, Stores, Finance and IT have access to our customers’ personal information. Their access is subject to strict controls and procedures.

Our e-commerce site uses a security measure called SSL Certificate. This certification protects all online transactions and applications with SSL allowing secure connections from a web server to a browser. Our SSL Certificate is an industry standard in Internet Security.

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, 2048 Bit v3 SSL encryption, passwords, anti-virus software and email filters act to protect all our electronic information.

We do not store credit card information, we securely submit credit card information to our bank for processing. 

 

About cookies and what they tell us

A cookie is a small amount of information sent from a web server to your computer when you use our web site. This information does not personally identify you. It simply tells us what areas of our site your computer has visited. It also tells us if you have selected a product and put it in your shopping basket. It does not tell us your personal identity unless you are registered with us.

 

Direct marketing by mail and email

We will only send you email or mail via direct marketing if you choose to receive them. If you would like to receive offers from us, please tick the relevant box when you register with Playground Parts. If you no longer wish to receive these offers, please email us or call 1800 806 145.

 

Changes to our privacy policies and practices

Our privacy policies and practices are reviewed and updated regularly with customer expectations and legislative changes.

 

How do we handle customer information

  • We do not collect personal information when you visit our site unless you log on, place an order or register with us.
  • When you place an order, you will be asked for the following personal information: your name, e-mail address, mailing address, delivery address, phone number and any specific delivery instructions. We may share this information with third parties which are involved in the processing of your order – for example, the financial institution that issued your credit card and the shipping carrier that will deliver your order.
  • Playground Parts is committed to reducing the risk of fraud. Our policy is to prosecute any cases of fraud that we identify. As a first time customer, you may receive a telephone call or email requesting more information/proof to confirm the details that you have supplied to us. If any of the information you supply is found to be false or misleading, we will, if deemed appropriate, report this to the appropriate authorities.
  • We do not share, sell, rent or barter any identifiable personal information to any third party without your permission.
  • When you log on to our site, we will ask you your e-mail address and Playground Parts website login password.
  • When you submit feedback or questions via e-mail, or contact us for information about our website, we will request your name and e-mail address. We use this information solely to respond to your inquiries.
  • When you enter a contest or other promotional feature, we may require your name, address, and e-mail address in order to assist us in managing the contest and to notify winners. We may ask for other information to enable us to improve our site or to send you special offers.
  • Our site contains links to other sites. Playground Parts is not responsible for the privacy practices or the content of other websites.
  • By default, all web server log files capture IP addresses. We may use your IP to help diagnose problems with our server, administer our website and to track web usage. This information is used internally and is not shared outside the company.

As part of these principles, customers who do not want to receive marketing offers through the mail or on the internet can contact us on 1800 806 145.

As the Federal Government introduces new privacy legislation, Playground Parts Systems’ privacy policies are reviewed and updated as appropriate.

More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au.

 

How we protect customer information

For credit card transactions, Playground Parts uses Secure Sockets Layer (SSL) technology. This means the credit card information you send is encrypted by your computer, and then decrypted again when it reaches our company, preventing others from accessing your private information in the process. The payment process utilised by Playground Parts uses HTTPS and is secured by up to 256bit SSL encryption. We do not store your credit card details.

 

How we handle marketing communications

Playground Parts has found that attractive, graphics-rich emails are a quick, effective and low-cost way to communicate with customers and prospects about new, high tech products, clearance and auction items. We maintain an opt-out, user-customisable subscription service of email addresses of people requesting promotional emails.

We do not want to send emails to you if you would prefer not to receive them. Therefore, every email provides a way for you to unsubscribe from future emails. In addition, you can email: email@playgroundparts.com.au to manage your subscription. We also have administrative procedures in place to remove email addresses and domains that consistently send failure messages to our email servers.