General
The Industrial Tool and Machinery Sales Website is a service provided by Industrial Tool and Machinery Sales for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Industrial Tool & Machinery Sales, and
c) providing information and commercial services to Business Partners.
By accessing or otherwise using the Industrial Tool & Machinery Sales Website you agree to be bound by these conditions of use and you acknowledge that Industrial Tool & Machinery Sales provides the Industrial Tool & Machinery Sales Website to you on these conditions of use. Industrial Tool & Machinery Sales is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Industrial Tool & Machinery Sales Website at any time without notice. Your continued use of the Industrial Tool & Machinery Sales Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Industrial Tool & Machinery Sales owns all intellectual property in the Industrial Tool & Machinery Sales Website, unless indicated otherwise. Subject to these conditions of use, Industrial Tool & Machinery Sales grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Industrial Tool & Machinery Sales Website.
·Use information directly accessible through the Industrial Tool & Machinery Sales Website.
You agree that, subject to your use of the Industrial Tool & Machinery Sales Website in accordance with the limited licence granted to you, you will not infringe Industrial Tool & Machinery Sales’s intellectual property in the Industrial Tool & Machinery Sales Website and will not modify, copy, republish, frame, distribute or communicate any part of the Industrial Tool & Machinery Sales Website or any information contained therein or otherwise use them in a way which will infringe Industrial Tool & Machinery Sales’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Industrial Tool & Machinery Sales Website is provided “as is†and without any warranty or condition, express or implied. Industrial Tool & Machinery Sales does not warrant that the information contained in or accessible through the Industrial Tool & Machinery Sales Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Industrial Tool & Machinery Sales guarantee continuous, uninterrupted or secure access to the Industrial Tool & Machinery Sales Website. You acknowledge that access and use of the Industrial Tool & Machinery Sales Website (including the software operating in connection with the Industrial Tool & Machinery Sales Website) may be interfered with by numerous factors outside of Industrial Tool & Machinery Sales’s control. Industrial Tool & Machinery Sales does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Industrial Tool & Machinery Sales Website. Subject to the provisions of the Competition and Consumer Act 2010, Industrial Tool & Machinery Sales makes no representations or warranties in respect of the information and materials available on the Industrial Tool & Machinery Sales Website or the means of accessing that information and material (including the software operating in connection with the Industrial Tool & Machinery Sales Website). Industrial Tool & Machinery Sales makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Industrial Tool & Machinery Sales which are or may become linked or framed to or from the Industrial Tool & Machinery Sales Website.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Industrial Tool & Machinery Sales Website, you agree that such Content will be available to Industrial Tool & Machinery Sales to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
·infringes the intellectual or other proprietary interests of third parties; or
·impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Industrial Tool & Machinery Sales considers to be inappropriate; or
·contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Industrial Tool & Machinery Sales Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Industrial Tool & Machinery Sales Website or otherwise breaches or encourages other users to breach these terms of use; or
·violates any law, statute or regulation; or
·forges information to disguise the origin of any Content; and
·encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Industrial Tool & Machinery Sales a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Industrial Tool & Machinery Sales is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Industrial Tool & Machinery Sales Website, the use by Industrial Tool & Machinery Sales of information provided by you to Industrial Tool & Machinery Sales through the Industrial Tool & Machinery Sales Website or any such loss or damage which may arise should you be unable to access the Industrial Tool & Machinery Sales Website, for whatever reason and however arising, including negligence.
To the extent that Industrial Tool & Machinery Sales is able to limit the remedies available under these conditions of use, Industrial Tool & Machinery Sales expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Industrial Tool & Machinery Sales’ sole discretion):
- in the case of goods, any one or more of the following:
·the replacement of the goods or supply of equivalent goods;
·the repair of the goods;
·the payment of the costs of replacing the goods or of acquiring equivalent goods; or
·the payment of the costs of having the goods repaired; and
·in the case of services:
·supply of the services again; or
·the payment of the cost of having the services supplied again.You indemnify Industrial Tool & Machinery Sales against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to: - your breach or non-observance of any term of these conditions of use; or
·any breach or inaccuracy in any of your representations or warranties.
Industrial Tool & Machinery Sales is not liable for content or functions on the Industrial Tool & Machinery Sales Website provided by Industrial Tool & Machinery.
Breach and termination
If you breach any provision of these terms of use Industrial Tool & Machinery Sales may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Industrial Tool & Machinery Sales Website. In any event, Industrial Tool & Machinery Sales may terminate these terms of use (and your right to use the Industrial Tool & Machinery Sales Website) at any time and for any reason without prior notice to you.
Choice of Law and Use of Industrial Tool & Machinery Sales Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Queensland, Australia. Industrial Tool & Machinery Sales has designed the Industrial Tool & Machinery Sales Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Industrial Tool & Machinery Sales Website outside the Commonwealth of Australia.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Industrial Tool & Machinery Sales by these terms of use.