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Privacy Statement

The privacy of your personal information is afforded the highest level of importance by 3monkeez Pty Ltd. We are bound by the Privacy Act 1988 (Cth) regarding the manner in which we handle your personal information and how we respond to your requests to access and correct it. This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information.

How we collect your information

We primarily collect information about you through correspondence we engage in with you, for example, through application forms, telephone conversations and emails. We also collect information from sources that are publicly available such as websites, journals and phone books. Sometimes, we collect information about our customers from our sales agents and distributors who have direct contact with you on our behalf. We do not make use of cookies on our website to collect personal information about visitors to the site.

Kinds of information that we hold about you

We only hold information about you if it is relevant to providing the services and products that we provide. Such information generally includes your name, contact details, type of business, payment details, account number, records of correspondence and billing statements. If you are one of our suppliers, we may collect other information about you that we feel is necessary, such as the nature of the products or services that you supply, quotes that you provide and your direct credit details,. If you are a non-profit organisation that we have agreed to assist, we may collect information about how you make use of the products or services that we provide to you.

How we hold your information

Depending on the circumstances, we may hold your information in either hardcopy or electronic form, or both. Our client database is held in electronic format.

How we use your information

We use your personal information:

  • to provide you with our products and services;
  • to administer our customer relationship with you;
  • for internal purposes such as procedural assessments, risk management, product and service reviews, staff training, accounting and billing; and
  • To identify, and inform you of products and services that may be of interest to you.

If you are one of our suppliers, we may use your information to facilitate our business relationship with you, for example, to assess goods or services that you supply or to review a commercial proposal that you have put to us.

How we disclose your information

Generally, we will only disclose your personal information for a purpose that is related to the product or service that we are providing to you. This may include disclosures to organisations that provide us with professional advice, such as solicitors, accountants and business advisors, and to contractors to whom we out-source certain functions, such as mailing houses, electronic network administrators and debt collection agencies. However, where possible, we take contractual measures, and in all other circumstances, take all reasonable measures, with our contractors to ensure that they comply with the privacy standards set out in the Privacy Act 1988 (Cth). If the information we are disclosing is of a highly sensitive nature, we require our contractors to complete their work in-house and do not permit them to disclose information to sub-contractors. We may also disclose information where it is expressly permitted under the Privacy Act 1988 (Cth), for example, where it is with your consent or where we are legally required to do so, such as under a court order or taxation laws.

How we secure your information

We hold all hardcopy and electronic records of personal information in a secure manner to ensure that they are protected from unauthorised access, modification or disclosure. Our staff follow strict information handling procedures and we only permit those staff whose tasks require use of your information to access it. We delete your personal information once it is no longer needed or required to be kept by law by shredding hardcopy records and deleting electronic records.

Your right to lodge a complaint

If you are not satisfied with how we have handled your personal information, you are entitled to lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner’s website at www.privacy.gov.au or by ringing the Commissioner’s information line on 1300 363 9921300 363 992. However, before investigating a complaint, the Commissioner is legally required to be satisfied that you have first expressed your concern to us to afford us an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so. You may lodge a complaint with our CEO either by mail at 3monkeez Pty Ltd Unit 6/24 Wellington St, Riverstone, NSW, 2765 by telephone on (02) 9627 6111(02) 9627 6111 or by email to andrew@3monkeez.com.au .We will inform you of who will handle your complaint and you may contact our CEO to enquire about its stage of progress at any time. We will go to great lengths to ensure that your complaint is resolved to your satisfaction.

Your right of access

You may request access to your personal information at any time by sending a written request to our CEO by mail at Unit 6/24 Wellington St, Riverstone, NSW, 2765 by facsimile on (02) 9627 3111, or by email to andrew@3monkeez.com.au  In your request, please state how you would like to obtain access. For example, you may like to inspect our records at our premises or you may prefer to be sent a photocopy or an electronic version of your information. You do not need to provide a reason for your request. Once our CEO has verified your identity, your request will be forwarded to our accounts manager who will arrange for access to be provided to you in an appropriate manner within 14 days. We may charge a small fee for providing access if it requires a significant amount of time to locate your information or to collate or present it in an appropriate form. If your account is held in conjunction with another individual, we will provide each person named on the account with access to information held about each account holder. Our CEO will follow up your request to ensure that the level of access with which you have been provided is to your satisfaction.

In rare circumstances, and only where it is permitted under the Privacy Act 1988 (Cth), we may not be able to provide you with access to your information; for example, where it will have an unreasonable impact upon the privacy of others, where it relates to legal proceedings between us through which the information would not otherwise be available, where it would be prejudicial to negotiations we are holding with you, where we are required by law to withhold the information or where it would reveal information relating to our commercially sensitive decision making processes. If we are unable to provide you with access, we will state why this is so and consider whether the use of an intermediary would be appropriate to provide you with an explanation of your personal information.

You may correct your information

If your personal information is out-of-date or incorrect, you may inform us of this and we will correct it for you. In the unlikely event that we disagree about the accuracy of the information and are unable to change it, you may provide us with a statement indicating that you dispute its accuracy and we will associate the statement with your information in such a manner that it will be brought to the attention of each person who uses the information.

Promotional information

We would like to send you promotional information about goods and services that we believe may be of interest to you, however, we understand that you may not wish to receive such material. If so, please inform our Sales Manager of this in writing by mail at Unit 6/24 Wellington St, Riverstone, NSW, 2765, by facsimile on (02) 9627 3111 or by email to admin@3monkeez.com.au and we’ll ensure that your name is removed from our mailing list.

Transfer of your information overseas

We will only transfer your personal information overseas if the transfer is to you, or to one of your authorised representatives, or it is with your express consent. We will not send your information outside of Australia in any other circumstances.

We may need to change our privacy policy from time to time

Due to changing business circumstances; we may need to change our privacy policy from time to time. If we do, we will endeavour to ensure that you’re overall level of privacy protection is not diminished and will publish the changes on our website. Any actions that we have take before the change will continue to be regulated by the privacy policy that existed before the changes were made.

Further information

We are happy to provide you with further information regarding your privacy. If you have any queries or requests in this respect, please contact our CEO either by mail at Unit 6/24 Wellington St, Riverstone, NSW, 2765, by telephone on (02) 9627 6111(02) 9627 6111, by facsimile on (02) 9627 3111 or by email to andrew@3monkeez.com.au

Links

Our website may contain links to other websites and those third party websites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of the web sites that are linked to our web site. 3monkeez Pty Ltd advises users to be aware when they leave the site that they should read the privacy statement of each and every web site that collects personally identifiable information.

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Terms and conditions of trade

To the fullest extent legally permissible all dealings between 3monkeez Pty Ltd (referred to from here as 3monkeez)and any Customer relating to any products [“Products”] and/or services are subject to the following terms and conditions of trade [“these Terms”] unless otherwise agreed in writing:

  1. Payments to be by cash, cheque, bank cheque, EFTPOS, credit card or direct deposit and without deduction unless otherwise agreed. If 3monkeez receives or recovers money in respect of debts of the customer or anyone else, 3monkeez may use it to pay off whichever part of those debts it chooses.
  2. Interest will be charged on overdue accounts at the rate prescribed by the Penalty Interest Rates Act 1983 (NSW) plus 2%.
  3. Property: Even if 3monkeez grants any credit facility and/or time to pay:
    1. property in Products shall not pass to the Customer until payment in full and of all monies owed to 3monkeez and 3monkeez reserves the right to take possession and dispose of Products as it sees fit at any time until full payment;
    2. the Customer grants permission to 3monkeez to enter any property to recover the Products and with such force as is necessary;
    3. the Customer agrees that a certificate purporting to be signed by an officer of  3monkeez identifying Products as unpaid for shall be conclusive evidence that Products have not been paid for and of 3monkeez s title to those Products;
    4. upon sale or disposition of any Products prior to full payment the Customer agrees to deposit all proceeds in a separate bank account, not mix such proceeds with any other monies and account to 3monkeez for the same as fiduciary and bailee;
    5. without derogating from 3monkeez ‘s rights as a creditor of the Customer or arising under these Terms if Products are used in any construction, building, fabrication and/or manufacturing process [“the Process”] which results in an entitlement of the Customer to receive money from any other person the Customer agrees to hold such part of any monies received by the Customer (or the corresponding book debt owed to the Customer in respect of those monies) as is equivalent to the value of any Products used in the Process as invoiced to the Customer by  3monkeez UPON TRUST for  3monkeez until payment in full for those Products and all monies owed to 3monkeez;
    6. Products shall be deemed to be dealt with by the Customer on a “first in first out” basis at all times; and
    7. nothing in this clause is intended to create a charge over any Products and this clause shall be read down to the extent necessary to avoid creating any charge.
    8. The purchaser shall indemnify  3monkeez against all damage, penalty, expense, or costs to which the company may become liable through any work required to be done or material supplied by the company in accordance with an order which involves an infringement of any patent, registered design, or other intellectual property, as pertaining to and including infringements of intellectual property.
  4. Limitation of Liability: The Customer agrees:
    1. to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products;
    2. that 3monkeez shall not be liable for any loss or expense arising after seven days from delivery (or at all once Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
    3. that to the fullest extent legally permissible 3monkeez shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
    4. that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon 3monkeez other than these Terms is made or given by or on behalf of 3monkeez other than by these Terms save and except to the extent otherwise required by law.
    5. 3monkeez shall not be liable for liquidated damages.
  5. Exclusions: The Customer agrees that:
    1. no dealing between 3monkeez and the Customer shall be or be deemed to be a sale by sample;
    2. the Customer shall rely on its own knowledge and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of 3monkeez shall be accepted at the Customer’s risk and shall not be deemed to have been given as expert or adviser nor to have been relied upon;
    3. Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and 3monkeez shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and
    4. 3monkeez shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at 3monkeez prior to the entry by 3monkeez into any relevant sale contract.
  6. Cancellations and Returns: The Customer agrees that:
    1. the Customer shall at no time cancel the whole or part of any order placed without 3monkeez’s prior approval;
    2. the Customer shall not return Products without 3monkeez’s prior written approval and if Products are not in brand new and unused condition with undamaged packaging and if three weeks or more have passed since the earliest delivery date;
    3. 3monkeez may otherwise elect to take back Products in saleable condition on such terms as 3monkeez considers to be reasonable;
    4. the Customer shall in all cases pay to 3monkeez a restocking fee of 30% of the gross invoice value of all returns;
    5. notwithstanding any other provisions of these Terms the Customer shall not return Products without first providing to 3monkeez an original invoice as proof of purchase; and
    6. notwithstanding any other provisions of these Terms the Customer shall not return any Products which have been custom made, custom cut, custom processed or custom acquired.
  7. Orders: The Customer agrees that:
    1. each order it places shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
    2. when any order is placed the Customer shall inform 3monkeez of any facts which might reasonably affect any decision to accept the order and/or grant credit and that any failure to do so shall be deemed to create and constitute an inequality of bargaining position, the taking of an unfair advantage of 3monkeez and to be unconscionable, misleading and deceptive.
  8. Minimum Invoice Policy and Purchase Price: The Customer agrees that:
    1. the Customer shall at all times and in all respects comply with 3monkeez’s minimum invoice policy as may at any time and from time to time apply on such terms as 3monkeez considers to be reasonable; and
    2. all sales are otherwise made by 3monkeez at its ruling price at the time of delivery and on such other terms as 3monkeez considers to be reasonable.
  9. Delivery:
    1. 3monkeez accepts no responsibility or duty to deliver but may elect to arrange delivery at its discretion and without liability and at the Customer’s cost and risk in all things;
    2. 3monkeez shall not be liable for delay or any failure or inability to deliver;
    3. Products shall be deemed to be delivered as soon as they are ready for delivery at which time risk shall be deemed to have passed to the Customer; and
    4. 3monkeez may charge for frustrated delivery to cover 3monkeez’s reasonable expenses.
  10. Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon 3monkeez shall apply.
  11. Recovery Costs: The Customer shall pay all costs and expenses (including legal costs on an indemnity basis) incurred by 3monkeez and/or its agents in respect of the Customer whether relating to any debt, possession of Products and/or otherwise.
  12. Customer Restructure: The Customer shall notify 3monkeez in writing of any change in its structure and/or management including any change in director, shareholder and/or management and any change in partnership or trusteeship within seven days of the date of any such change.
  13. Jurisdiction: The Customer agrees that all contracts made with 3monkeez shall be deemed to be made in the State nominated by Club Stainless and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by 3monkeez in the capital city of that State.
  14. Credit Limit: The grant of any credit facility or nomination of any credit limit is an indication only of 3monkeez’s intention at the time. 3monkeez may vary and/or withdraw any credit facility at any time at its discretion and without any liability to the Customer or any other party.
  15. Security for Payment: As security for payment to 3monkeez of all monies payable by the customer, the customer does hereby charge in favour of 3monkeez all of the customer’s interest in freehold and leasehold property both current and later acquired.
  16. Forward Orders: The Customer agrees:
    1. to pay for so much of any forward order as is from time to time invoiced by 3monkeez;
    2. that no delay or failure to fulfil any part of such order shall entitle any cancellation or variation of any order or delay or reduce any payment; and
    3. to pay any demurrage and/or other costs and expenses of 3monkeez in handling and/or holding Products once ready for delivery.
  17. Force Majeure: 3monkeez shall not be or be deemed to be in default or breach of any contract as a result of Force Majeure. Force Majeure shall include any cause beyond the reasonable control of 3monkeez including strikes and lockouts.
  18. Attornment: For the purpose of giving effect to the Customer’s obligations under these Terms (in particular clause 15. of these Terms) the Customer hereby irrevocably appoints the Account Manager (or like equivalent) for the time being of 3monkeez as the Customer’s attorney in all things.
  19. Disputes: The Customer agrees to pay into an interest-bearing trust account in the joint names of 3monkeez and the Customer any amount claimed by 3monkeez as a condition precedent to any dispute by the Customer of any such claim on the basis that upon resolution of the dispute the trust fund and any interest shall be dispersed according to the resolution. This clause shall operate as a bar to any defence or claim by the Customer until fully complied with.
  20. Abnormal Payments: The Customer agrees to pay an administration fee of 2% (calculated on the amount paid) on any payment which is made other than as provided in clause 1. of these Terms which fee is agreed as the liquidated cost of processing such abnormal payments.
  21. Defaults: Upon default or breach of these Terms by the Customer 3monkeez may inter alia retain all monies paid, cease further deliveries, recover from the Customer any loss of profits arising and/or at 3monkeez’s election take immediate possession of Products not paid for without prejudice to any other rights 3monkeez may have and without 3monkeez being liable in any way to any person.
  22. Severability: Any part of these Terms being a whole or part of a clause shall be capable of severance without affecting any other part of these Terms.
  23. Goods and Services Tax [GST]: All monies payable to 3monkeez and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time) shall unless 3monkeez otherwise directs be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to 3monkeez as and when and in such manner as 3monkeez reasonably requires.
  24. Warranty Policy: Save and except as required by law no warranty is given where 3monkeez is not the manufacturer of Products other than the warranty offered by the manufacturer and to the fullest extent legally permissible 3monkeez’s liability shall in all cases be strictly limited in accordance with clauses 4. & 5. of these Terms. Where 3monkeez is or might be deemed to be a manufacturer then the 3monkeez Standard Warranty applies for the period applicable to specific Products. Details of the 3monkeez Standard Warranty and the schedule of periods applicable are available upon request.
  25. Credit Information: The Customer irrevocably authorises 3monkeez and its servants and agents to make such enquiries from time to time as 3monkeez may deem necessary to obtain information and/or to investigate the creditworthiness of the Customer including enquiries with persons nominated as trade references, bankers of the Customer, any other credit provider, any credit reporting agency, any land titles office, the ASIC, ITSA and/or any similar body and/or related information service [“the Sources”] and including personal credit and consumer credit information and any property, business and/or solvency information. The Customer by this clause irrevocably authorises the Sources to disclose anything about the Customer which is in the Sources’ possession and the Customer agrees that 3monkeez may disclose any information it has about the Customer to any interested person (subject only to any obligations 3monkeez may have under the Privacy Act 1988 (Cth)).
  26. Notice: The Customer agrees that it shall be deemed to have notice of any change to these Terms immediately any change is adopted by 3monkeez and whether or not the Customer has actual notice thereof. The Customer shall be bound by any terms and conditions of trade which may be adopted by 3monkeez immediately they are so adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.
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Secre Shopping

When purchasing from 3monkeez your financial details are passed through a secure server using the latest SSL (secure socket layer) encryption technology providing up to 256 bit encryption and thereby offering the highest level of encryption and security possible. This means you can rest assured that communications between your browser and this site’s webservers are private and secure. 

If you have any questions regarding our security policy, please contact our customer support centre on (+612) 9627 6111(+612) 9627 6111.