Terms and Conditions of Use.

1. INTRODUCTION

1.1. Welcome to the Globel Industries website located at https://www.globelindustries.com/ and any related URL ("Site"). The Site is owned and operated by Globel Industries Pty Ltd (ACN 128 694 502) ("Globel Industries", "Us", "We", "Our").

1.2. Please read these Terms and Conditions carefully. By accessing or using the Site you become a user of the Site ("User").

1.3. As a User of the Site you agree that you have read and understood these Terms and Conditions and that you agree to be bound by these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you and Globel Industries ("Agreement").

1.4. Globel Industries reserves the right to alter, modify, add to or change in any way, any provision of these Terms and Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users. It is the User's responsibility to check the Terms and Conditions each time they use the Site.

2. REGISTERED USERS AND ACCOUNTS

2.1. Globel Industries is a global distributor of storage-related products ("Products") and services ("Services"), based in Australia.

2.2. To access Globel Industries' Products and Services, you must be an official appointed distributor of Globel Industries and become a Registered User of the Site. To become a Registered User, you must email Globel Industries expressing your interest in becoming an official appointed distributor of Globel Industries, accessing the Products and/or Services and providing details of your business (including your business' name, your business' offerings, your name, business address, telephone and fax number and email address) ("Application"). Once the Application has been received by Globel industries, we will consider whether to approve your Application. If your Application is approved, an account ("Account") will be created for you and you will be a Registered User.

2.3. Registered Users are provided with a username and password which will grant access to your Account. Your Account is used in the portal which can be accessed via the following link: https://globelindustries.com/user/login ("Portal").

2.4. If the Registered User is a business entity, you represent that:

(a) You have the authority to bind the entity to this Agreement;

(b) The address you use in your Application is the principal place of business of such business entity; and

(c) All other information submitted to Globel Industries is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

2.5. Globel Industries may at any time, in its reasonable discretion, impose limitations, suspend or terminate the use of an Account. Globel Industries will not be liable to the Registered User if the Registered User is in breach of any agreement or undertaking or otherwise suffers any loss or incurs any liability due to Globel Industries imposing limitations, suspending or terminating an Account.

2.6. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, username or password to a third party without the prior written consent of Globel Industries. Globel Industries may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

3. PRODUCTS

3.1. A listing for a Product via the Site, shall provide information about that Product.

3.2. The use of any Products must be in accordance with any instructions, manuals and other information provided with that Product ("Instructions").

3.3. Globel Industries will use its best efforts to maintain stock for its Products, however makes no guarantee that any Products listed on the Site shall be available.

3.4. Globel Industries reserves the right at any time to modify or discontinue its Products and/or to change the information contained on the Site at any time without providing notice to you.

4. SERVICES

4.1. The Site provides information about Services offered by Globel Industries.

4.2. Users can enquire about becoming an appointed distributor of Globel Industries and/or accessing the Services by emailing Globel Industries with details of the Services required by the User. Globel Industries will use its best efforts to assist Users with their enquiries and/or provide the requested Services, however, makes no guarantee that it will have the capacity to provide the Services at the time requested by the User.

4.3. Globel Industries reserves the right at any time to modify or discontinue its Services and/or to change the information contained on the Site about the Services at any time without providing notice to you.

5. ORDERS FOR PRODUCTS

5.1. You will be required to use your Account via the Portal on the Site to complete an order for a Product ("Order").

5.2. A Registered User can make an Order directly via the Portal or, by sending an email to Globel Industries with details of your Order. Globel Industries will then submit the details of your Order on the Portal on your behalf. Once the Order has been submitted through the Portal, you will receive a summary of your Order ("Order Confirmation) via the email address linked to your Account ("Email"), accompanied by the terms and conditions specific to your Order ("Order Terms and Conditions). The Order Confirmation is an acknowledgement of your Order and will not constitute the Globel Industries acceptance of your Order.

5.3. To proceed with the Order, you are required to review the Order Confirmation and Order Terms and Conditions contained in the Email. You are then required to confirm the Order Confirmation is correct and accept the Order Terms and Conditions by clicking the link contained in the Email (which will direct you to the Portal), enter your details (as directed) and pressing the "accept" button. This will constitute a legally binding agreement between you and Globel Industries, subject to the terms of this Agreement and the Order Terms and Conditions.

6. CANCELLATIONS

6.1. You may request for Globel Industries to cancel an Order, and Globel Industries may, in its sole discretion, accept or reject such request.

6.2. When deciding whether to accept or reject a cancellation request, Globel Industries will consider a number of factors, including but not limited to:

(a) If the materials forming part of your Order have been purchased by Globel Industries;

(b) If the materials forming part of your Order are already "on-hand" (usually within 60 days prior to shipment date);

(c) If the materials forming part of your Order are already in production (usually within 30 days of shipment date).

6.3. Globel Industries may, in its sole discretion, cancel an Order for any reason, including but not limited to the unavailability of a Product and/or Service and/or errors on the Site.

6.4. If an Order is cancelled under this Section 6, Globel Industries will notify you. Globel Industries makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.

7. TERMINATION AND SUSPENSION

7.1. If Globel Industries determines that you are in breach of this Agreement, Globel Industries, in its sole discretion and without notice, has the right to limit access, suspend and/or refuse or limit any and all current or future use of the Site. Such limitation shall not release you of any obligations existing at such time. In addition to terminating the Agreement, Globel Industries will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

7.2. The following sections of these Terms and Conditions will survive termination: Termination and Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Product Disclaimers; Governing Law and Jurisdiction; and Entire Agreement.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Except for third party data or as otherwise stated, all other parts of the Site are owned or controlled by Globel Industries or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Site ("Globel Industries' Materials").

8.2. All rights are reserved. Globel Industries' Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with this Agreement and the Order Terms and Conditions, without the prior written consent of Globel Industries.

8.3. Globel Industries is the sole owner of all intellectual property in its Products, and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to passing off Globel Industries' Products as your own products, developing your own products or for any other purpose outside of this Agreement.

9. USER CONDUCT

9.1. As a User, you must not (and must not allow any third party to):

(a) Use the Site in any manner that could damage, disable, overburden, or impair the Site;

(b) Attempt to gain unauthorised access to any parts of the Site;

(c) Interfere or attempt to interfere with the proper working of the Site software;

(d) Use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from Globel Industries;

(e) Analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Site; and/or

(f) Transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Site

9.2. Globel Industries reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Site.

9.3. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for any purpose.

10. USER WARRANTIES

10.1. AS A USER, YOU WARRANT TO GLOBEL INDUSTRIES AS FOLLOWS:

(a) THAT ALL DATA UPLOADED TO THE SITE IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH GLOBEL INDUSTRIES' PRIVACY, DATA OR COMPUTER SYSTEMS;

(b) IF YOU ARE USING THE SITE OR AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND

(c) TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), GLOBEL INDUSTRIES WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE SITE AND/OR ANY OF ITS PRODUCTS OR SERVICES AND/OR ANY CHANGES, ERRORS AND/OR MISREPRESENTATIONS MADE VIA THE SITE, THE LACK OF ACCESS TO ANY PART OF THE SITE OR THIRD PARTY PROVIDED TO GLOBEL INDUSTRIES, AND/OR ANY MODIFICATION OR DISCONTINUANCE OF ANY PRODUCTS AND/OR SERVICES.

11. INDEMNITY

11.1. You indemnify Globel Industries and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Site, the access and use of the Site and/or any breach or alleged breach of this Agreement by you.

11.2. Should Globel Industries, in its sole discretion, determine that you have breached these Terms and Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

12. NO WARRANTIES AND LIMITATION OF LIABILITY

12.1. To the fullest extent permitted by law (including the Australian Consumer Law), the Site is provided on an "as is" basis and without representations or warranties of any kind to you, whether expressed or implied, including without limitation as to the quality and/or fitness of the Site for a particular use, accessibility or warranties that access to or use of the Site will be uninterrupted or error-free. Globel Industries does not represent that the Site will be secure or free of viruses or other harmful material or elements, or Globel Industries Materials will be correct, accurate, timely or complete.

12.2. Globel Industries may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.

12.3. Globel Industries reserves the right to limit, deny or create different access to and use of the Site and its features and functions with respect to different Users. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.

13. PRODUCT DISCLAIMERS

13.1. You agree that any visual representation of a Product contained on the Site, catalogues or other advertising material is provided for illustrative and/or demonstration purposes only and may not be an exact representation of that Product.

13.2. All designs, materials, drawings, particulars of weights and dimensions and other specifications represented are approximates only and for general indicative purposes only. To the fullest extent permitted by law, Globel Industries is not liable for any loss or damage resulting from any major deviations from such representations and you warrant that you will not rely on any such representations or advice made by Globel Industries.

13.3. Globel Industries makes no representation that the Products are made for a particular purpose. You are solely responsible for ensuring that the Products are suitable for any purpose you intend to use it for.

13.4. You are solely responsible for ensuring that you check and arrange for any necessary permits and approvals in connection with the use of any Products, and Globel Industries will not be liable for any loss or damage resulting from such failure.

14. ASSIGNMENT

14.1. You acknowledge that this Agreement is personal to you and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Globel Industries. Globel Industries reserves its right to assign the provisions of this Agreement at any time.

15. GOVERNING LAW AND JURISDICTION

15.1. This Agreement and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, you accept that any dispute under these this Agreement or arising out of access and/or use of the Site shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, you hereby submit to the jurisdiction of such courts for such purposes.

15.2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Site.

16. ENTIRE AGREEMENT

16.1. This Agreement shall constitute the entire agreement and understanding between the you and Globel Industries concerning the subject matter hereof and supersedes all prior agreements and understanding of you and Globel Industries with respect thereto.

16.2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.