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Terms and Conditions

Terms and conditions for products sold by EMPR Australia Pty Ltd

These Terms and Conditions, and document(s) referred to in them, constitute a legally binding contract between the customer (“Customer”) and EMPR Australia Pty Ltd (ACN 083 353 566) (“EMPR”) and apply to the ordering, purchase, fulfilment and delivery of products (“Products”). By placing an order for Products from EMPR you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Products.


  1. Definitions

    In these Terms and Conditions:
    1. “Credit Account” means an account held with EMPR where credit terms have been extended to the business, company or other legal entity;
    2. “Customer” means the person, business, company or other legal entity that is the purchaser of the Products and Services;
    3. “Direct Ship” means for EMPR to directly ship to EMPR’s customers customer or associate. All Direct Shipments will be treated by EMPR as a blind shipment where no EMPR branding or marketing will be included with the delivery;
    4. “EMPR” means EMPR Australia Pty Ltd;
    5. "EMPR Website” means store.emprgroup.com.au;
    6. “Invoice” means the sales invoice issued by EMPR in respect of the Products and Services supplied to the Customer in which these Terms and Conditions are or are deemed to be incorporated;
    7. "Online Account” means a personal or company account created by the Customer on the EMPR Website;
    8. “Order” means any sales contract entered into by the Customer and EMPR, by orders placed on the EMPR Website or directly via email or phone with EMPR, in respect of the Products and Services supplied to the Customer in which these Terms and Conditions are or are deemed to be incorporated;
    9. “Product” means the Part, Parts, Product, or Products supplied to the Customer by EMPR and described in the Quote, Order, or Invoice; and
    10. “Services” means the services (if any) provided to the Customer by EMPR and described in the Quote, Order, or Invoice.
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  3. Online Account

    1. EMPR offers Online Accounts to Customers, where they will then be able to access additional functionality on the EMPR Website, such as, quotes, order history, order status and address book.
    2. For Customer who do not wish to have an Online Account, they can use the Guest Checkout feature at checkout when placing their order via the EMPR Website.
    3. Customers are not to set up an Online Account for another individual.
    4. Online Accounts are able to be set up for entities with more than one user, please contact our team at customersupport@emprgroup.com.au to enable this functionality
    5. The Customer is to ensure that all information provided when creating an online Account is complete, true and accurate.
    6. The Customer is to notify EMPR immediately if they become aware of any actual or potential unauthorised use of their or their entities Password or Online Account. EMPR is not liable for any unauthorised use of the Customers Account.
    7. EMPR may, at its sole discretion, terminate the Customers Online Account or their use of the Website at any time without notice and for any reason whatsoever. EMPR reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice for any reason whatsoever.
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  5. Pricing and Taxes

    1. Pricing for Products are shown on the EMPR Website or on a valid Quote provided by EMPR.
    2. EMPR reserves the right to change the prices of Products at any time without notice to the Customer. The price displayed at the time a Customers places an Order will continue to apply even if the price changes before the Customers Order is accepted by EMPR.
    3. In addition to the price for the Products, the Customer will also be required to pay a delivery fee, this will be listed on the order at checkout on the EMPR Website, Quote or Order provided by EMPR. Where express or additional delivery services are required, a quote for delivery will be provided to the Customer.
    4. All prices listed for Products and delivery fess are in Australian dollars are inclusive of GST and are exclusive of all additional taxes, handling, delivery, agents’ charges and any other charge, duty, or customs.
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  7. Orders and Quotes

    1. Orders can be placed with EMPR either via the EMPR Website or directly via email or over the phone.
    2. A quote can be requested from EMPR either on the EMPR Website or directly via email or over the phone.
    3. Quotes are only valid to the date shown on each quote and can be accepted via selecting the ‘Accept’ option on the quote (if applicable) or by return email or phone call.
    4. Orders placed where the Customer holds a Credit Account with EMPR require a Purchase Order reference number to be provided. EMPR has checks in place to monitor that these Purchase Order reference numbers are consistent with the Customer’s Account.
    5. EMPR will not be bound by any terms and conditions attaching to the Customer’s order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of EMPR, the Customer agrees that those terms and conditions are excluded.
    6. If the Customer places an Order for someone else or elects to have the Order Direct Shipped by either requesting it or by providing a different Ship To address when placing the order, the Customer must first obtain their consent before providing EMPR with their personal information and, by placing an Order with EMPR, the Customer is confirming to EMPR that they have done this.
    7. The Customer confirms that all information provided, products listed and their quantities on Orders submitted are correct. It’s important that the Customers confirms these details before submitting an Order as EMPR may not be able to change or cancel Orders once EMPR has accepted the Order. EMPR will carry out all reasonable actions to cancel or amend the Customers Order but if it has already been ordered with the Supplier or Shipped, EMPR makes no guarantees that it will be able to do so.
    8. If the incorrect delivery information is provided by the Customer at the time of ordering which leads to the unsuccessful delivery of the Product to the Customer, EMPR reserves the right to charge the customer another delivery fee to have their Order shipped to them again.
    9. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), EMPR will not be liable to the Customer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the Order information being incomplete or inaccurate or as a result of being unable to change or cancel the Order once it has been accepted by EMPR, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
    10. Where the Customer places separate Orders, each order will be charged a separate delivery fee, the Customer is unable to request for separate Orders to be consolidated to ensure efficient order processing by EMPR. EMPR reserves the right to consolidate Customers Orders should it be noticed at time of dispatch.
    11. Where the Customer orders more than one Product on the same Order with EMPR, unless otherwise agreed at time of ordering, the Order will be partially shipped to the Customer. This is based on what Products EMPR has on hand at the time of dispatch. This is at the cost of EMPR and there will not be a separate delivery fee charged to the Customer unless an additional delivery service is requested by the Customer and agreed upon by EMPR.
    12. EMPR reserves the right to change and or correct prices, product availability and specifications due to any factors without notice.
    13. Product availability is advised based on known stock quantities at that time of quoting or ordering and could change without notice.
    14. EMPR may cancel any order placed by the Customer if there is an insufficient supply of Products which prevents EMPR from being able to fulfil the order or in the instance that typographical error occurred at time of quoting.
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  9. Payment

    1. The price of the Products and Services will be EMPR’s quoted price.
    2. Customers can pay for their Orders by Credit Card, PayPal account, Bank Transfer, BPay or a preapproved credit account supplied by EMPR. If a Customer places an Order on the EMPR Website, and the amount of the Product is not less than $30.00 Incl. GST and not more than $2,000.00 Incl. GST (excluding delivery fees), the Customer may also pay for their Order using one of the following other payment methods:
      1. Afterpay (subject to Afterpay’s Terms of Service); or
      2. ZipPay (subject to the Zip Pay Terms & Conditions).
    3. For Customers paying via Credit Card for their Order:
      1. EMPR’s Credit Card gateway is eway (https://www.eway.com.au/)
      2. Customers paying via Credit Card for Products in stock with EMPR will be charged at the time of ordering.
      3. Customer paying via Credit Card for Products not in stock with EMPR will have their details stored with eway for processing once the Products is in stock with EMPR. EMPR does not have the ability to view the Customers details stored with eway.
      4. Customers paying by Credit card must ensure sufficient funds are available to cover the Order. In the event a Credit Card charge is declined EMPR will attempt to contact the customer once to rectify the issue or arrange an alternate payment method. If payment has not been received within 48 hours after this contact attempt the order may be cancelled and the stock returned into inventory as available sales stock.
    4. Customers must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, EMPR may refuse to accept the Customers Order or ask the Customer to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise EMPR to deduct the price and the applicable Delivery fee(s) from such card or payment methods.
    5. EMPR reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
    6. EMPR may not be able to, or may decline to, accept payment from the Customer by their nominated payment method at any time for any reason including, without limitation:
      1. here EMPR’s fraud detection systems detect possible irregularities;
      2. use the Customers financial institution or other payment provider has declined payment; or
      3. use the Customers payment card has expired.
      Where this is the case, EMPR reserves the right to cancel the Customers Order and/or place the Customers Order on hold and request the Customer to provide additional information (for example, proof of identity documents) or arrange payment by another method.
    7. Payment is required prior to delivery of the Products unless agreed otherwise by EMPR or its authorised representative. If the Customer fails to make payment in accordance with this clause after demand for payment by EMPR, all amounts owing by the Customer to EMPR, on any account, will immediately become due and payable.
    8. Where a credit facility has been made available to the Customer or an Order is placed via EMPR’s website, phone or email, a surcharge will apply to any payments made via credit card to settle the account and/or purchase order.
    9. Where a Customer places an Order over the phone or via email, a credit card surcharge will apply when the Order is settled with an American Express credit card. The current surcharge rate inclusive of GST for American Express is 1.93%.
    10. EMPR may, in its sole discretion:
      1. suspend the provision of credit to the Customer until all amounts owing are paid for in full; and
      2. from time to time and at any time, vary or cancel any credit facility it makes available to the Customer.
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  11. Delivery

    1. EMPR does not ship outside of Australia. If the Customer is within the South Pacific Region, they are able to arrange their own Courier.
    2. EMPR, unless requested and agreed upon with the Customer by an authorised EMPR representative, will select the courier best suited to deliver the Customers Order
    3. Where the Courier used to deliver the Customers Order was unable to deliver the Order, it is then the responsibility of the Customer to arrange pick up or re-delivery of their Order from the Courier. EMPR may take reasonable action to assist in resolving missed deliveries but is not liable for the missed delivery.
    4. The delivery times made known to the Customer are estimates only and EMPR will not be liable for late delivery or non-delivery. Under no circumstances will EMPR be liable for any loss, damage or delay suffered or incurred by the Customer or its Customers arising from late or non-delivery of the Products.
    5. Orders which are to be picked-up from EMPR must be done so within 7 days of the Order being available. EMPR will attempt to contact the Customer by phone or email to inform them that their Order is ready for pick-up. If contact cannot be established after two attempts or the order is not picked-up with 7 days, the order will be cancelled where EMPR reserves the right to charge a restocking fee as per Section 13.6 of these terms and conditions.
    6. When an Order is picked-up by the Customer from EMPR, EMPR will verify the details provided by the Customer to ensure it is their order. This will be done by requesting Order reference number provided by EMPR on its Order Confirmation, the Customer may also be asked to supply identification for verification.
    7. Where a Customer uses their own Courier or Agent to pick-up the Order from EMPR, EMPR will make every effort to verify the details of the Courier or Agent. Once the Order has been released to the Courier or Agent it is then seen by EMPR as delivered to the Customer and EMPR is not liable for its delivery.
    8. EMPR may make part deliveries of any Order, and each part delivery will constitute a separate supply of the Products upon these Terms and Conditions.
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  14. Loss or Damage in Transit

    1. EMPR is not responsible for any loss or damage to Products in transit by the Customers own Courier or Agent whether shipping from or returning to EMPR.
    2. If a Customer’s Order, that was shipped via EMPR’s Couriers, arrives damaged, the Customer is to take photos of the packaging showing the damage and also the part. The Customer is then to submit a Return Request via the EMPR Website within 2 days of receipt of the Order. The EMPR Returns team will review in accordance with section 11 of these Terms and Conditions and arrange for a replacement Order.
    3. If a Customer’s Order, that was shipped via EMPR’s Couriers, is delayed or lost in transit, the Customer is to notify EMPR via email, customersupport@emprgroup.com.au. EMPR will then lodge a case with the Courier. If available, a replacement part will be dispatched by EMPR to the customer via EMPR’s Return Process
    4. If a replacement Order is shipped to the Customer and the original delayed or lost Order is then delivered to the Customer, the Customer is to notify EMPR via email, customersupport@emprgroup.com.au within 2 days of receipt. EMPR will then provide details on how to return the Order to EMPR at EMPR’s expense. If the Order isn’t returned to EMPR, the Customer will then be liable to pay for the replacement Order.
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  16. Inspection and Acceptance

    1. The Customer must inspect all Products upon delivery to the Customer’s premises and must, within 5 days of delivery, give notice to EMPR of any matter or thing by where the Customer alleges that the Products are not in accordance with the Customer’s order. Failing such notice and to the extent permitted by law, the Products will be deemed to have been delivered and accepted by the Customer.
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  18. Title and Risk

    1. Products supplied by EMPR to the Customer will be at the Customer’s risk immediately upon:
      1. Delivery of the Products to the address stated in the Customers Order, or;
      2. Collection of the Products by the customer’s nominated carrier or agent.
    2. The Customer must:
      1. Effect and maintain with a reputable insurance company insurance for the Products, at its cost, against all risks as it thinks appropriate;
      2. Note the interest of EMPR on the insurance policy; and
      3. Produce a certificate of currency of the insurance affected by Customer under this Section 9.2.b to EMPR, upon request.
    3. Risk in the Products will remain with the Customer at all times unless EMPR retakes possession of the Products in accordance with Section 9.6.b
    4. Title in the Products supplied by EMPR to the Customer will not pass to the Customer until those Products and any other products supplied by EMPR to the Customer have been paid for in full.
    5. Until the Products have been paid for in full:
      1. The Customer must properly segregate and store the Products in such a manner as to clearly indicate that they are the property of EMPR; and
      2. The Customer may sell the Products and keep records of the Products in the ordinary course of its business as agent for EMPR and must account to EMPR for the proceeds of sale (including any proceeds from insurance claims).
    6. If the Customer has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Order, the Customer authorises EMPR, at any time, to enter onto any premises upon which EMPR‘s Products are stored to enable EMPR to:
      1. Inspect the Products; and/or
      2. Reclaim the Products.
    7. The Customer agrees that the provisions of this Section 9 apply despite any arrangement under which EMPR grants credit to the Customer.
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  20. Warranty

    1. All EMPR Products are covered by Manufacturers Warranty of 365 days on a Return to Base (RTB) basis.
    2. EMPR will notify the Customer of any applicable manufacturers’ warranty in relation to the Products. To the extent permitted by law, EMPR’s entire responsibility with respect to warranties for the Products is to pass on to the Customer the benefit of any such warranties.
    3. To the extent permitted by law, the manufacturers’ warranties referred to in Section 10.1 and 10.2 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including any implied warranties with respect to merchantability, fitness for purpose or quality, and whether as to design, assembly, materials or workmanship) and all such terms, conditions and warranties are expressly excluded from these Terms and Conditions.
    4. Certain legislation may imply warranties or conditions or impose obligations upon EMPR which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which EMPR is able to do so, its liability will be limited, at its option, to:
      1. in the case of Products: the replacement of the Products or resupply of equivalent Products; the repair of the Products; the payment of the cost of replacing the Products or acquiring equivalent Products; or the payment of the cost of having the Products repaired; and
      2. in the case of Services: the supply of the services again; or the payment of the cost of having the services supplied again.
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  22. Returns

    1. Returns will be subject to EMPR‘s Returns Policy as advised on the EMPR Website and amended by EMPR from time to time.
    2. Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be delivered to the Customer in accordance with the Returns Policy will be sent by EMPR to the Customer by standard freight pre-paid. If the Customer requests that the Products be sent by means other than standard freight, the extra cost of such accelerated or special freight must be paid by the Customer.
    3. With the exception of returns under warranty, the Customer must notify EMPR via store.emprgroup.com.au , of any Products it wishes to return within 5 days from the date of the invoice relating to those Products. Custom Products (special orders, non-stocked or non returnable items) are non-returnable and non-refundable, this can be at EMPR’s discretion.
    4. With the exception of returns under warranty, where EMPR approves the Return request, a restocking fee of $30 excluding GST or 30% excluding GST of the excluding GST price of the returned product (whichever is the greater) will apply at the discretion of EMPR based on circumstances surrounding the return of the product. The Customer will have the option of then either going ahead with the return with the restocking fee or withdrawing their return request.
    5. All returns accepted, with the exception of returns under warranty, for credit must be in the original packaging and unopened or credit will be denied.
    6. EMPR will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair.
    7. The provisions of this Section 11 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than EMPR.
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  24. Money Back Guarantee

    1. EMPR offers customers a 30 day money back guarantee, on select items which will be listed on the EMPR Website, when ordered via the EMPR Website by the Customer.
    2. For the return to be approved, the Customer must:
      1. Have an Order and Invoice which states the part purchased comes with a 30 day money back guarantee;
      2. Submit a Return Request via the EMPR Website within 30 days of Invoice date;
      3. Return the item within 14 days, at the Customers cost, of receiving the approved Return Request via email; and
      4. The part is in a re-saleable condition, meaning it includes its original packaging and all additional components (cables, accessories, etc), and is as sold (is the part purchased with no damage); and
    3. Once returned, a refund, excluding freight charge, will be processed as per section 14
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  26. Cancellation

    1. EMPR reserves the right to cancel, at any time before delivery and for whatever reason, a Customers Order that has been accepted by EMPR. EMPR may do this, for example, but without limitation, where:
      1. EMPR’s suppliers are unable to supply the Products that the supplier previously promised to supply;
      2. Product ordered were subject to an error on EMPR’s Website, for example, in relation to a description or price, which was not discovered prior to the Order being accepted by EMPR; or
      3. An event beyond EMPR’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, raw material shortage, governmental action or failure of computer systems, or any other cause beyond the reasonable control of EMPR, where EMPR is unable to supply the Products within a reasonable time.
    2. Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by EMPR unless:
      1. EMPR has breached a material term of this Agreement
      2. EMPR is not able to deliver the Customers Order within the original estimated delivery time frame listed on the EMPR Website and/or Order Confirmation other than a result of any delay for which:
      3. The Customer is wholly or partly responsible for, such as a failure to provide a correct delivery address or arranging payment for the Order
      4. Was outside EMPR’s control including the situations as per Section 13.1
    3. Where EMPR Cancels the Customers Order, EMPR will send the Customer a notification via email which will include the details as to why the Order was cancelled
    4. In the event of EMPR or the Customer cancelling the Order after payment has been processed, EMPR will refund any money paid in respect of that Order. See Section 15 of these Terms and Conditions for further information regarding refunds.
    5. Customers can request for cancellation of their Order or part of their Order by submitting a Cancellation Request via the EMPR Website no later than 7 days before the estimated date of shipment by the manufacturer or EMPR (as the case may be). This Cancellation Request will be reviewed by EMPR.
    6. If the reason for cancellation request is due to reasons outside the reasons listed above in Section 13.1, EMPR reserves the right to decline the Customers request. If EMPR is able to facilitate the cancellation it will do so, for example, if EMPR is able to cancel its order with the supplier. If EMPR is unable to cancel with its supplier, it is at EMPR’s discretion on if the cancellation request is approved or declined. If the cancellation is approved, it may be approved on the basis that a cancellation fee of $30 excluding GST or 30% excluding GST of the excluding GST price of the cancelled product (whichever the greater) will be charged to the Customer. The Customer will have the option of then either going ahead with the cancellation with the cancellation fee or withdrawing their cancellation request. Other reasons for declining a Customers cancellation request include, but are not limited to, when:
      1. the Product is exclusively ordered for the Customer;
      2. where EMPR’s Supplier has a non returns policy for that particular Product; and
      3. where EMPR has little to no sales history for that particular Product.
    7. Unless otherwise agreed between the Customer and EMPR, upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to EMPR.
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  28. Refunds

    1. Where EMPR is obliged to refund the Customers payment pursuant to these Terms and Conditions, EMPR aims to initiate the Customers refund via the Customers original payment method within 2 business days (Monday – Friday 9am to 5pm Sydney time).
    2. The additional time that it takes for the Customer to receive the refund will depend upon the Customers financial institution or other payment provider.
    3. Where EMPR is obliged to provide a partial refund of the Customers payment for specific Products on the Customers Order, the freight component of the Order will not be refunded.
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  30. Replacement Part Conditions and Resale Obligations

    1. HP Replacement Parts
      1. All HP Replacement Parts sold by EMPR are in the condition of sealed spares and can only be consumed for replacing a defective part or an upgrade to a system.
      2. All HP Replacement Parts are supplied with a 12 month Return to Base (“RTB”) warranty.
      3. All HP Replacement Parts can be supplied in the condition of new or manufacture refurbished.
      4. All resale of HP Replacement Parts purchased from EMPR as an authorised parts distributor, must be clearly promoted / branded to your customer only as HP Replacement Parts.
    2. HPE Replacement Parts
      1. All HPE Replacement Parts sold by EMPR are in the condition of sealed spares and can only be consumed for replacing a defective part or an upgrade to a system.
      2. All HPE Replacement Parts are supplied with a 12 month Return to Base (“RTB”) warranty.
      3. All HPE Replacement Parts can be supplied in the condition of new or manufacture refurbished.
      4. All resale of HPE Replacement Parts purchased from EMPR as an authorised parts distributor, must be clearly promoted / branded to your customer only as HPE Replacement Parts.
      5. All Certified HPE Genuine Replacement Parts purchased from EMPR have to be sold with full original HPE replacement Part number (example: 587654-001).
      6. All Genuine HPE Options purchased from EMPR have to be sold under the original HPE option number only (example 454846-B21).
      7. All alternative / compatible / own brand parts should be promoted under a “non look alike OEM” part number and must not use any of the OEM branding or insignias. There must be a clear differentiation between the brands part information vs all alternative/compatible/own brand parts or supplies, to avoid any conflict of interest and protect the manufactures brand within the industry.
    3. Lenovo Replacement Parts
      1. All Lenovo Replacement Parts sold by EMPR are in the condition of sealed spares and can only be consumed for replacing a defective part or an upgrade to a system.
      2. All Lenovo Replacement Parts are supplied with a 12 month Return to Base (“RTB”) warranty.
      3. All Lenovo Replacement Parts can be supplied in the condition of new or manufacture refurbished.
      4. All resale of Lenovo Replacement Parts purchased from EMPR as an authorised parts distributor, must be clearly promoted / branded to your customer only as Lenovo Replacement Parts.
    4. All Other Replacement Parts
      1. All Other Replacement Parts sold by EMPR are in the condition of sealed spares and can only be consumed for replacing a defective part or an upgrade to a system.
      2. All Other Replacement Parts are supplied with a 12 month Return to Base (“RTB”) warranty.
      3. All Other Replacement Parts can be supplied in the condition of new or manufacture refurbished.
      4. All resale of Other Replacement Parts purchased from EMPR as an authorised parts distributor, must be clearly promoted / branded to your customer only as Replacement Parts.
    5. EMPR strongly discourages the resale of its products to embargoed countries
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  32. Liability

    1. To the extent permitted by law, EMPR will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
      1. any negligent act or omission or wilful misconduct of EMPR or its employees or agents;
      2. the supply, performance or use of any Products or Services; or
      3. any breach by EMPR of its obligations under these Terms and Conditions or any relevant Order.
    2. EMPR does not promise that repair facilities or parts will be available in respect of the Products.
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  34. Default of Customer

    1. Without prejudice to any other rights that EMPR has under these Terms and Conditions, if the Customer fails to make any payment due to EMPR under these Terms and Conditions, EMPR may, in its sole discretion, and without further liability to the Customer:
      1. refuse to make further supplies to the Customer under the relevant Order; and/or
      2. terminate the Order without notice.
    2. For all outstanding monies due to EMPR, the debt will be referred to a nominated debt collection agency.
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  36. Credit Assessment

    1. If any Products and Services are supplied to the Customer on credit, EMPR may need to disclose to a credit reporting agency certain information referred to in Section 18.3 about the Customer when assessing the Customer’s application for credit and managing the Customer’s trading account with EMPR. The Customer authorises EMPR to disclose such information to a credit reporting agency for these purposes.
    2. Subject to EMPR obligations under the current Privacy Act and any other applicable laws, EMPR may give the information referred to in Section 78.3 to a credit reporting agency to obtain a consumer credit report about the Customer or to allow the credit reporting agency to create or maintain a credit information file about the Customer. The Customer agrees that EMPR may disclose a credit report about it to any credit provider, debt collecting agency or EMPR’s insurers for the purposes of assessing the Customer’s credit-worthiness or to collect any overdue payments (as the case may be).
    3. EMPR may disclose the following information relating to the Customer in accordance with Sections 17.1 and 17.2:
      1. the Customer’s name and address;
      2. credit limits on the Customer’s accounts;
      3. the amount of any payments which are overdue for at least 30 days;
      4. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
      5. any payments which have been dishonoured or reversed;
      6. information that, in the opinion of EMPR, the Customer has committed a serious credit infringement; and
      7. information that EMPR Australia has ceased to supply the Products and Services to the Customer.
    4. The Customer agrees that EMPR may obtain information about the Customer from any business which provides information about the commercial credit-worthiness of persons for the purposes of assessing the Customer’s application to purchase the Products and Services on credit and collecting any overdue amounts.
    5. EMPR may refuse to supply the Products and Services to the Customer on credit on the basis of EMPR credit assessment of the Customer.
    6. Customers credit-worthiness is reviewed from time to time by EMPR. Based on it’s review, EMPR can, at any time, for any reason, remove any credit facilities provided to it’s Customers.
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  38. Privacy

    1. The Customer agrees to EMPR collecting, using and disclosing information about the Customer of the kind referred to in Section 19.3 for various purposes, including to:
      1. assess credit worthiness as outlined in Section 18;
      2. supply the Products and Services to the Customer and the management of the Customer’s trading account;
      3. communicate with the Customer about the Products and Services which EMPR or its partners or affiliates may provide to the Customer;
      4. implement these Terms and Conditions and any Sales Contract; and
      5. comply with the requirements of relevant laws.
    2. EMPR, at the written request of the Customer, will:
      1. provide the Customer with access to any personal information relating to the Customer held by EMPR;
      2. remove any information as requested by the Customer once their Order has been completed; and
      3. correct or amend any information relating to the Customer held by EMPR which is inaccurate or out of date.
    3. EMPR will handle the Customer’s information in accordance with the requirements of relevant laws.
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  40. Confidentiality – Information About EMPR

    1. The Customer acknowledges that EMPR has disclosed and may from time to time disclose to the Customer certain confidential information and documentation of EMPR relating to the Products, their marketing, use, maintenance, operation and software (including technical specifications) (“EMPR Confidential Information”).
    2. Subject to Section 20.5 the Customer must:
      1. only use the EMPR Confidential Information solely for the purposes contemplated under any relevant Order or Contract; and
      2. not, during the continuation of such Order or Contract or thereafter, disclose (whether directly or indirectly) to any third party the EMPR Confidential Information, other than is required to carry out such purposes.
    3. If disclosure of EMPR’s Confidential Information to third parties is necessary, the Customer will obtain from such third parties binding agreements to maintain in confidence the EMPR Confidential Information disclosed at least to the same extent as the Customer is bound to protect EMPR’s Confidential Information under this Section 21.
    4. Upon the expiry or termination of any relevant Order or Contract, the Customer must cease to use and must return or destroy (as EMPR may instruct) EMPR’s Confidential Information in its possession or control. The Customer will not itself or through any subsidiary, agent or other party sell, market, distribute, manufacture or otherwise deal with the Products or have such Products manufactured for it based on the Confidential Information or any other technical information provided to it by EMPR in accordance with these Terms and Conditions.
    5. The provisions of this Section 20 do not extend to any information which is:
      1. at the time of disclosure, rightfully known to or in the possession or control of the Customer and which is not subject to an obligation or confidentiality;
      2. public knowledge (otherwise than as a result of a breach of this Section 21 or any other obligation of confidentiality);
      3. consented or approved to be disclosed by EMPR; or
      4. required to be disclosed by a government authority or by the requirements of relevant laws.
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  42. Confidentiality – Information About You

    1. EMPR acknowledges that the Customer, has disclosed and may from time to time disclose to EMPR certain confidential information and documentation relating to their identity and transactions undertaken with EMPR (“Customer Confidential Information”).
    2. EMPR respects the privacy of our individual and corporate customers and is committed not only to the protection of personal information as required by law, and as outlined in our Privacy Policy, but also to the protection of the identity and trading information of all of our Customers.
    3. While certain information is collected by EMPR in order to allow us to improve the service provided to our Customers, including marketing and credit reviews, EMPR undertakes not to divulge any information in relation to the identity or transaction history of our customers to any third party unless required to by law.
    4. Subject to Section 01.6 EMPR will:
      1. only use the Customer Confidential Information solely for the purposes contemplated under any relevant Order or Contract; and
      2. not, during the continuation of such Order or Contract or thereafter, disclose (whether directly or indirectly) to any third party the Customer Confidential Information, other than is required to carry out such purposes.
    5. If disclosure of the Customer’s Confidential Information to third parties is necessary, EMPR will obtain:
      1. consent from the Customer to release that data;
      2. binding agreements, from such third parties, to maintain in confidence the Customer Confidential Information disclosed at least to the same extent as EMPR is bound to protect the Customer Confidential Information under this Section 21.
    6. The provisions of this Section 21 do not extend to any information which is:
      1. at the time of disclosure, rightfully known to or in the possession or control of EMPR and which is not subject to an obligation or confidentiality;
      2. public knowledge (otherwise than as a result of a breach of this clause 19 or any other obligation of confidentiality);
      3. consented or approved to be disclosed by the Customer; or
      4. required to be disclosed by a government authority or by the requirements of relevant laws.
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  44. Intellectual Property

    1. The Customer acknowledges that:
      1. all trademarks, trade names, patents, copyright, registered designs and other intellectual property rights (“Intellectual Property”) embodied in or in connection with the Products and any related information, documentation, parts or software are the sole property of EMPR or its suppliers; and
      2. all Intellectual Property of EMPR or its suppliers, may only be used by the Customer with the consent of EMPR or its suppliers, during the continuance of any relevant Order or contract, and such consent extends only to use essential for the purposes stated in it. Upon the expiry or termination of the Order or contract, the Customer must discontinue such use. The Customer acknowledges that any licensing of Intellectual Property rights in any software supplied to the Customer will immediately cease upon expiry or termination.
    2. The Customer must not, during or after the expiry or termination of the any relevant Order or contract, without the prior written consent of EMPR or its suppliers, register or use any trademarks, trade name, domain name, trading style or commercial designation or design used by EMPR or its suppliers in connection with the Products or Services, nor will the Customer repackage any Products, reproduce any artwork appearing on the package of any Products or copy, sell or hire or offer for sale or hire a copy of the Products.
    3. The Customer will indemnify EMPR against all liabilities, damages, costs and expenses which EMPR may suffer or incur as a result of work done in accordance with the Customer’s specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by EMPR, and which results in the infringement of any Intellectual Property of any person.
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  46. General

    1. EMPR reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the EMPR Website. The Terms and Conditions which apply at the time that the Customer places their order are the Terms and Conditions which will apply to the Customers order.
    2. Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
    3. The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. EMPR may assign its rights and obligations under these Terms Conditions to any person.
    4. These Terms and Conditions are governed by the laws of Australia. The Customer submits to the non-exclusive jurisdiction of the courts of that country.
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