Terms and Conditions of Use

The use of this Website (and our ChatGPT-powered digital assistant app) is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, and any other documents referred to herein), which constitute the full agreement between You and Us.

Please read these Terms and Conditions carefully before You use the Website or the App. By using the Website or App, You indicate that You have, effective upon the date on which You first used it, read, accepted and agreed to be bound by these Terms and Conditions. If You do not agree, You should cease using the Website and App immediately.

Definitions

“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.

“We”, “Us”, “Our” or “Ourselves” means Crommelins Operations Pty Ltd trading as Crommelins Machinery, its successors and assigns or any person acting on behalf of and with the authority of Crommelins Operations Pty Ltd T/A Crommelins Machinery.

“You”, “Your” or “Yourself” means any person(s) (end user) using the Website or App. Use of the App and Website for general browsing and enquiries (e.g. about products, spare parts, or service) is available to persons aged 13 years or older, in line with Section 9 (App-Specific Terms) below; if You are aged between 13 and 17, You confirm that You have reviewed these Terms with a parent or guardian. Where You intend to transact through the Website (i.e. purchase Goods and/or Services), You must have the legal capacity to enter into a binding contract under the laws of Your jurisdiction, and if You are under 18, the purchase must be completed or authorised by a parent or guardian.

“App” means Crommelins Machinery’s ChatGPT-powered digital assistant application, delivered via NoodleSeed’s platform and OpenAI’s underlying AI technology.

“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by Us to You, as specified on Our Website.

“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.

“Prohibited Content” means any content on any advertising media that is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992, the Fair Trading Acts of the applicable States and Territories of Australia, the Competition and Consumer Act 2010 (CCA), or any other applicable law or industry code; that contains or could reasonably be considered to contain misrepresentations, or is misleading, deceptive, or unlawful; or that breaches any person’s Intellectual Property Rights.

“Personal Information” means any information that identifies or can be used to identify You, directly or indirectly, including but not limited to name, date of birth, email address, gender, occupation, or other demographic information.

“Confidential Information” means information of a confidential nature whether oral, written or electronic, including this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, and pricing details.

Acceptance

We reserve the right to change any of the Terms and Conditions displayed on this Website (including Our Privacy Policy) at any time by notifying You through the Website. Continued use of the Website or App after such notice constitutes Your agreement to the amended terms.

If You intend to transact through this Website (i.e. purchase Goods and/or Services), You warrant that You have the legal capacity to enter into this Agreement under the laws of Your jurisdiction, which creates binding and valid legal obligations upon You (and, if You are under 18, that the transaction has been completed or authorised by a parent or guardian).

Compliance with Laws

You represent and warrant that Your use of this Website and the App will comply with all applicable laws and regulations, including EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”), the Australian Privacy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017), and any other applicable laws.

Privacy Policy

We are committed to protecting Your privacy in accordance with the Australian Privacy Principles. Our full Privacy Policy, including how we handle data collected through the Website and the ChatGPT App, is available at www.crommelins.com.au/privacy-policy and forms part of this Agreement.

Storing and Securing Your Information

We take all reasonable steps to ensure that Your information held by Us is accurate, up-to-date, complete, and used only for the purposes stated in this document and Our Privacy Policy. When making a transaction through this Website, Your information passes through a secure server using SSL (Secure Sockets Layer) encryption technology.

Information We Collect

When You request Goods or Services, or interact with Our ChatGPT App, We may collect Personal Information supplied by You, including via online forms and app conversations, in order to process Your transactions, respond to enquiries, and provide a higher level of customer service. We may also collect statistical/tracking data, including Your IP address, date and time of visits, clicks and activity on the Website or App, referring website, and technical details of Your browser, device, and operating system. See Our Privacy Policy for full detail on data categories, retention periods, and Your rights.

Information We Release

We only release information about You as authorised by Yourself, required by law, or where required for Us to provide Goods or Services to You (e.g. to authorised dealers, service agents, or delivery companies, and to NoodleSeed and OpenAI as described in Our Privacy Policy). Except as detailed in this Agreement and Our Privacy Policy, We do not share, sell, rent, or lease Your information to unaffiliated third parties.

Under the Privacy Act, You can ask to see any information We hold about You and request correction of inaccuracies. We will comply with such requests within fourteen (14) days of receipt, and may ask You to verify Your identity to do so efficiently.

Other Data Protection Rights

• To access, correct, update, or request deletion of Your Personal Information.
• If You are a resident of the European Economic Area (“EEA”), to object to processing, request restriction of processing, or request portability of Your Personal Information.
• Where Personal Information is collected or processed on the basis of consent, to withdraw that consent at any time (this will not affect the lawfulness of processing carried out before withdrawal).
• To complain to a data protection authority about the collection and use of Your Personal Information — in Australia, the Office of the Australian Information Commissioner (oaic.gov.au); in the EEA, your local Data Protection Authority.

Questions & Concerns

Cookies

We and Our partners may use cookies and similar tracking technologies (such as pixels and web beacons) when You use this Website. These technologies may track email delivery, opens, and link clicks, and collect information such as IP address, browser, and email client type. Cookies do not read Your hard drive but may be stored on it to help Us recognise You on return visits. You can manage cookies through Your browser settings.

Mailing Lists

If You are on one of Our mailing lists, You may request removal at any time. Where no unsubscribe option is provided, contact Us via the “Contact Us” section of this Website.

Returns, Damaged or Defective Goods

Our policy in relation to Returns, Damaged, or Defective Goods is as specified in Our standard Terms and Conditions for the supply of Goods and Services. We do not accept returns for change of mind or incorrect selection, except where due to Our negligence or incorrect information supplied by Us.

Copyright and Trademarks

The contents of this Website are at all times the copyright or trademark property of Ourselves, Our suppliers, or linked third parties. You may not distribute, reproduce, display, or publish any trademark or other content of this Website without prior written approval. You agree to indemnify Us against any claims, costs, damages, or losses arising from Your failure to comply with this clause.

Advertisers and Linked Sites

Display of any advertiser or provision of a link to third-party websites does not constitute Our endorsement of that advertiser, third-party provider, or their content or business practices. Access to third-party websites is at Your sole risk. We recommend reviewing the terms and privacy policies of any third-party website You access from this Website. We accept no liability for dealings, promotions, or activities between You and advertisers or third-party providers.

Specifications and Information

Specifications and information on this Website are given in good faith based on Our knowledge, experience, or information supplied by manufacturers/suppliers. If You have concerns about the suitability of Goods or Services for a particular use, please contact Us or seek independent professional advice. Colours of items displayed on the Website may not reflect the true colour of the item due to external factors including image quality and monitor settings. Contact Us before purchase if colour is a major factor in Your decision.

On-Line Ordering

Display of a Good on this Website does not guarantee its availability. All orders placed through the Website are subject to Our confirmation of acceptance. Orders for Services are subject to confirmation of a suitable timeframe between You and Us.

Continuous Service

Due to the inherent nature of websites, We cannot guarantee uninterrupted or continuous availability of this Website or the App. The Website or App may be unavailable from time to time for maintenance or scheduled upgrades. Where able, We will give advance warning. We accept no liability for downtime, whether scheduled or otherwise.

9. App-Specific Terms — ChatGPT-Powered Digital Assistant

9.1 Nature of the App

The Crommelins Machinery App is a ChatGPT-powered digital assistant, delivered via NoodleSeed’s platform and OpenAI’s underlying AI models, designed to help You with product information, generator sizing guidance, spare parts and service enquiries, and dealer location assistance.

9.2 Minimum Age for App Use

You must be at least 13 years of age to use the App. If You are under 18, You may browse and ask questions via the App, but You must have a parent or guardian’s involvement to complete any purchase or enter into a binding transaction, consistent with the “Acceptance” section above.

9.3 AI-Generated Content

Responses generated by the App are produced using AI/LLM technology and are provided for general informational purposes only. While We aim for accuracy, AI-generated responses may occasionally be incomplete or incorrect. For safety-critical, warranty, or technical decisions, please confirm details with Our General and Service line or an authorised dealer before acting.

9.4 Data Processing & Your Choices

Your conversations with the App are processed by NoodleSeed (as Our data processor) and OpenAI (to generate responses), as described in full in Our Privacy Policy at www.crommelins.com.au/privacy-policy. This includes disclosed retention periods for conversational data and Your right to opt out of having Your conversation data used for AI model training by emailing marketing@crommelins.com.au with the subject “Opt-Out of AI Training.”

9.5 Acceptable Use of the App

You must not use the App to submit Prohibited Content, attempt to extract other users’ personal information, or attempt to misuse, reverse-engineer, or abuse the underlying AI models. We reserve the right to suspend App access for any user who breaches this clause.

Termination of Use

These terms and Your access to Our Website and App may be terminated by Us, at Our sole discretion, at any time without notice or reason. In the event of termination, We shall have no liability to You whatsoever, including for consequential or direct loss You may suffer.

Jurisdiction

This Website and App (excluding any linked third-party sites) are controlled by Us from Our principal business premises in Australia. Our servers are located in Australia, so Your information may be transferred to, stored, or processed in Western Australia (and, for App conversations, on NoodleSeed’s and OpenAI’s infrastructure as described in Our Privacy Policy). By accessing this Website or App, You agree that the laws of Australia apply to any dealings, actions, or claims arising out of or in relation to this Agreement or Your use of the Website or App, irrespective of conflict with the laws of Your country of domicile.

We or Our subcontractors (including NoodleSeed and OpenAI) may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. All Our subcontractors are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.

Any claim against Us must be filed in the State of Western Australia, and legal proceedings will be conducted in English. We make no representation that Goods, Services, or the App are appropriate, available, or suitable for use outside Australia.

General

Failure by either party to enforce any provision of these terms shall not be treated as a waiver of that provision. If any provision is found invalid, void, illegal, or unenforceable, the remaining provisions remain unaffected. We shall be under no liability whatsoever for indirect and/or consequential loss or expense (including loss of profit) arising from a breach by Us of these terms (Our liability, where it arises, shall not exceed the Fee of the Services).

Message Boards: We provide Message Boards for the use of Our Website users, which may not be used to promote websites or commercial activity. We are not responsible for opinions expressed there. By posting, You take full legal responsibility for Your comments.

Feedback: Feedback is provided to facilitate trading on Our Website. Feedback must relate to a specific transaction, must not contain offensive, defamatory, retaliatory, or inappropriate content, and must not include Your own contact details or Personal Information. We may remove feedback that breaches these requirements.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.