Terms & Conditions

1. About

This website (“Website”) is owned and operated by Hesko Pty Ltd (“Hesko”, “we”, “us”, or “our”). Your access to and use of this Website, including any products, services, content, or information available through it, is governed by these Terms & Conditions (“Terms”), together with our Privacy Policy and any additional notices or disclaimers published on the Website.

By using this Website, purchasing products, engaging our services, submitting enquiries, or otherwise interacting with Hesko, you agree to comply with and be legally bound by these Terms.

If you do not accept these Terms, you must immediately cease using the Website and our services.

2. Acceptance of Terms

By accessing or using this Website, you acknowledge and agree that:

You have read and understood these Terms
You are legally capable of entering into a binding agreement
You will comply with all applicable laws and regulations
You accept these Terms on behalf of yourself and any associated business or organisation

Hesko reserves the right to amend, modify, or update these Terms at any time without prior notice. Changes become effective immediately upon publication on this Website. Continued use of the Website constitutes acceptance of the revised Terms.

3. Website Use

You agree to use this Website only for lawful purposes and in accordance with these Terms.

You must not:

Use the Website in any unlawful, misleading, fraudulent, or harmful manner
Attempt to gain unauthorised access to systems, databases, servers, or networks connected to the Website
Interfere with or disrupt Website functionality or security
Introduce malicious software, viruses, or harmful code
Copy, scrape, harvest, or extract Website content using automated technologies without prior written consent
Reproduce, duplicate, or commercially exploit any part of the Website without authorisation

We reserve the right to suspend or terminate access to users who breach these Terms or engage in conduct detrimental to our business operations.

4. Website Content and Information

The content published on this Website is provided for general informational purposes only. While we make reasonable efforts to ensure accuracy and relevance, we do not guarantee that all information is complete, current, reliable, or suitable for your specific requirements.

Product specifications, service information, pricing, technical data, and availability are subject to change without notice.

Any reliance placed on information contained on this Website is at your own risk.

This Website may include links to third-party websites. Hesko does not endorse or assume responsibility for third-party content, products, services, or privacy practices.

5. Quotations and Pricing

Any quotations, estimates, or pricing information provided through the Website, by email, or otherwise are indicative only and subject to change.

Pricing may vary depending on:

Product availability
Technical specifications
Supplier pricing
Freight and logistics costs
Project scope or service requirements

Final pricing will be confirmed in writing prior to acceptance of any order or service agreement.

6. Intellectual Property Rights

All intellectual property rights associated with this Website, including but not limited to text, graphics, branding, logos, product images, software, technical documents, and design elements (“Content”), are owned by or licensed to Hesko.

Nothing within these Terms grants any transfer or licence of intellectual property rights.

You may access and use the Website solely for personal or internal business purposes. You must not:

Reproduce or republish Website content
Modify or create derivative works
Distribute or commercially exploit materials
Use our branding, trade marks, or logos without written permission

Unauthorized use may constitute infringement and result in legal action.

7. Warranties and Disclaimers

To the maximum extent permitted by law:

The Website and all products and services are provided on an “as is” and “as available” basis
We make no guarantees regarding uninterrupted access, accuracy, reliability, or fitness for purpose
We disclaim all warranties not expressly stated within these Terms

Hesko does not warrant that the Website will be free from errors, viruses, malware, or harmful components.

Nothing in these Terms excludes guarantees, rights, or remedies that cannot lawfully be excluded under the Australian Consumer Law.

8. Limitation of Liability

To the fullest extent permitted by law, Hesko will not be liable for any indirect, incidental, consequential, special, or economic loss arising from:

Use of or inability to use the Website
Errors or inaccuracies within Website content
Delays, interruptions, or technical failures
Loss of profits, revenue, business opportunities, or data
Use of products or services supplied by us

Where liability cannot be excluded under applicable law, our liability will be limited, at our discretion, to:

Replacing or repairing goods
Re-supplying services
Paying the reasonable cost of replacement or re-supply

9. Indemnity

You agree to indemnify and hold harmless Hesko, its directors, employees, contractors, affiliates, and service providers from and against all claims, losses, damages, liabilities, costs, and expenses arising out of:

Your use of the Website
Your breach of these Terms
Your misuse of products or services
Your infringement of intellectual property or other rights

This indemnity survives termination of these Terms.

10. Security

While we implement reasonable security safeguards, you acknowledge that transmitting information over the internet carries inherent risks.

Hesko does not guarantee absolute security of information transmitted through the Website and disclaims liability for unauthorised access, interception, or data breaches beyond our reasonable control.

You are responsible for maintaining the confidentiality of any account credentials or login information used to access our systems or services.

11. Privacy

Your use of this Website is also governed by our Privacy Policy.

By using this Website or providing personal information to us, you consent to the collection, storage, use, and disclosure of information in accordance with our Privacy Policy.

12. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

13. General

If any provision of these Terms is held invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

Hesko’s failure to enforce any provision of these Terms does not constitute a waiver of our rights.

These Terms constitute the entire agreement between you and Hesko regarding your use of the Website and supersede all prior agreements or understandings.