google-site-verification=KffU9A--VWANqtXWG0uyxOIHFtGKOQSygKajnWRbNXQ
top of page
Sand Stabilisation

Terms & Conditions

WE RESPECT YOUR PRIVACY

  • Down-Underpinning Grout Pty Ltd, www.downunderpinninggrout.com.au, respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

  • 1. User agreement By visiting and/or using one of our websites, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”). This agreement is formed between you and Down-Underpinning Group Pty Ltd (ACN: 670 263 966) 85 Blair Street, Bondi, 2026 Australia (“us”, “our”, “we”). “you”, “user”, “member” and “visitor” means anyone who visits this website. If you do not agree to any provisions of this agreement, you must not use the website. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

  • 2. Registration In order to make purchases and access some features of the website, you will need to be a registered member. You may not use another member’s account without permission. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current. For promotional purposes we may display the usernames of the last few orders received. This will be in the form of ” username (Xth order) just bought “. For example “Mickey Mouse (20th order) just bought..”. We recommend not using your real name as your username. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

  • 3. Legal Capacity By making an online purchase you accept these terms and conditions and acknowledge that you: are over eighteen (18) years of age, and/or are entering into a legal contract with us. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

  • 4. Supply of services to You / Termination We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

  • 5. Disclaimer We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of errors, mistakes or inaccuracies on the website; you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website; personal injury or property damage of any nature resulting from your access to, and use of, the website; any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; any interruption or cessation of transmission to or from our website; any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products and services. We do not take responsibility for direct or indirect damages, or consequential losses suffered by the use of fraudulent or unauthorised web addresses. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to: in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and in the case of services: the resupply of our services, or the payment of the cost of resupply of our services.

  • 6. Use of services by you You agree to use the website only for purposes that are permitted by: this agreement; any applicable law or regulation; and/or generally accepted practice or guidelines. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website or the content therein. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

  • 7. Information on this Website Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify the information provided and to assess the suitability of products before you purchase.

  • 8. Orders Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase a particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received. You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% applies. Please contact us through the help centre.

  • 9. Price The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable. Prices are current at the time of display but are subject to change.

  • 10. Payment All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options. If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.

  • 11. Supply of product Subject to this agreement, we will supply you with the products shown on your order confirmation. You understand that we will use our best endeavours to meet the stated timeframes for dispatch and delivery, however, many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the website for delivery options and details. We do not allow personal pick up.

  • 12. Risk and Title We retain ownership of goods until payment is received in full. Risk in goods, such as loss or damage, passes to you upon delivery.

  • 13. Change of mind returns / Store credit Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected. However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less the delivery fee. A restocking fee of 20% will apply. Please contact us via the help centre to obtain a Return Authorisation Number as no returns can be accepted without one. We will provide you with a store credit only when we receive the returned product. Return postage is at your expense. Store credits must be used within 12 months of issue. Store credits may only be used to purchase from Vincent Buda & Company and are not redeemable for cash.

  • 14. Statutory Conditions and Warranty / Refunds The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election. As a supplier, we provide the following express warranties subject to the following terms and conditions: We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product. Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us. Replacement products are subject to the same warranties as to the original. You must retain your proof of purchase for any manufacturer warranty claims. Refunds will be issued by direct deposit, cheque or PayPal at our discretion. In order to obtain these remedies: You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number. Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified. We aim to process refunds and replacements within 28 days of receipt by us of the original product. We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care. Goods that develop a defect after first use may also be covered by manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs.

  • 15. Links to third party websites The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third-party websites, content or resources and we are not responsible for the material contained therein.

  • 16. Intellectual property We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party. You may not modify or copy the layout or appearance of the website or any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.

  • 17. Transfer and Assignment In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

  • 18. Indemnity You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

  • 19. Force majeure We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

  • 20. Applicable law This agreement will be governed by and interpreted in accordance with the laws of NSW, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of NSW, Australia. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

  • 21. Waiver If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

  • 22. Privacy and personal information We do not collect personal information if you only browse this website. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address. Online payments are handled by Paypal external third-party service providers. We do not see or store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures. Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies: you have consented; you would expect us to or we have told you we will; it is required or authorised by law; it will prevent or lessen a serious and imminent threat to somebody’s life or health; or the disclosure is reasonably necessary for law enforcement. You may request us to remove your personal information from our database by emailing us or using the contact form on the website. Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us at: ph@downunderpinninggrout.com.au

  • This policy sets out how we collect and treat your personal information.

  • “Personal information” is the information we hold which is identifiable as being about you.

 
COLLECTION OF PERSONAL INFORMATION

  • Down-Underpinning Grout will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms.

  • You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your enquiry or order. We may collect additional information at other times, including but not limited to, when you provide feedback when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

  • Additionally, we may also collect any other information you provide while interacting with us.

 
HOW WE COLLECT YOUR PERSONAL INFORMATION

  • Down-Underpinning Grout collects personal information from you in a variety of ways, including when you interact with us electronically or in person when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

 
USE OF YOUR PERSONAL INFORMATION

  • Down-Underpinning Grout may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

  • Down-Underpinning Grout may contact you by a variety of measures including, but not limited to telephone, sms, email or mail.

 
DISCLOSURE OF YOUR PERSONAL INFORMATION

  • We may disclose your personal information to any of our employees, insurers, professional advisers, agents, suppliers or subcontractors where reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

  • We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, or warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

  • We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Down-underpinning Grout, www.downunderpinninggrout.com.au, its customers or third parties.

  • Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

  • If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

  • By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

 
SECURITY OF YOUR PERSONAL INFORMATION

  • Down-Underpinning Grout is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

  • The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 
ACCESS TO YOUR PERSONAL INFORMATION

  • You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at ph@downunderpinninggrout.com.au.

  • We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

 
COMPLAINTS ABOUT PRIVACY

  • If you have any complaints about our privacy practices, please feel free to send in details of your complaints to ph@downunderpinninggrout.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 
CHANGES TO PRIVACY POLICY

  • Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

 
WEBSITE

  • When you visit our website

  • When you come to our website (www.downunderpinninggrout.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

 
COOKIES

We may from time to time use cookies on our website. Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third-party services such as Google AdWords. These ads may appear on this website or other websites you visit.


THIRD-PARTY SITES

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Down-Underpinning Grout Pty Ltd is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements.

bottom of page