Terms of Use

 

Lifting Equipment Direct ABN 56 116 138 119

 

Terms of Use

 

1              Terms of Use

The Lifting Equipment Direct website (www.liftingequipmentdirect.com.au, the ‘Website’) is owned and operated by Lifting Equipment Direct.  In these Terms of Use, the terms “you” and “your” means you the customer; and the terms “we”, “us” and “our” means Lifting Equipment Direct.

Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’).  Your use of, and/or access to, the Website constitutes your agreement to these Terms of Use. 

We reserve the right to amend these Terms of Use at any time.  The Terms of Use are intended to apply internationally to residents located throughout the world.

2              Personal Use

The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under.

Wereserve the right to refuse service to anyone at any time without notice for any reason.

3              Your Obligations

You must use the Website in a responsible manner. You must not: 

(a)              use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;

(b)              use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;

(c)              use the Website to send unsolicited email messages;

(d)              in any way tamper, hinder or modify the Website;

(e)              knowingly transmit any viruses or other disabling features to the Website or via the Website;

(f)               attempt any of the above acts or facilitate or assist another person to do any of the above acts.

4              Copyright and Trade Mark Notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by us and protected by copyright law under the laws of Australia and International Copyright laws. 

 

The Website does not grant you a licence and does not act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

 

You may view this Website and its contents using your web browser.  In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only. 

 

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us. 

5              Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights which are prohibited by these Terms of Use. 

6              Advertising, Third Party Content and Links to Third Party Websites

The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties.  We do not control these linked Websites and are not responsible for the contents of any linked Website or any hyperlink contained in a linked Website.  The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.  You link to any such Website entirely at your own risk. 

 

The Website also contains products offered for sale.  Some of the information provided on the Website concerning the products may be information from third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties.  You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website.  The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier. 

 

We may receive fees and/or commissions from the third parties for goods displayed on the Website or sold via the Website.  You acknowledge and consent to us receiving these fees.

7              Prices, Products and Services are Subject to Change

All prices displayed and products offered for sale on the Website are subject to change without notice.

 

8              No reliance on Information

The information contained in the Website is presented for the purpose of outlining particular products listed for sale on the Website.  All information contained on the Website, including information relating to third party products, is for information purposes only.

9              Licences and idea submissions

You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

By submitting communications or materials to any part of this Website, you agree that your submission is non-confidential for all purposes.  If you make any such submission, you automatically grant (without compensation or further obligation) and warrant that the owner of the information contained in your submission has expressly granted us (without compensation or further obligation) a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future.

You agree that we may sublicense our rights to the contribution or materials you provide on the Website and you waive your moral rights in any such materials and information, and you warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.

Wewill be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the Website or elsewhere and to use the submission, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

10         Indemnity

By entering into the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

11         Disclaimer

Some legislation such as the Australian Trade Practices Act (Commonwealth) 1974 and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’).  We exclude all conditions and warranties implied by custom, law or statute save for your Statutory Rights. 

 

Save for your Statutory Rights, in respect of the Website:

 

(a)              All material on the Website is provided to you without warranties of any kind, either express or implied;

 

(b)              We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

 

(c)              We do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

 

(d)              We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;

 

(e)              You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website. 

 

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website. 

 

You expressly acknowledge that we do not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website. 

12         Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at our option, to one or more of the following: 

 

(a)              In the case of goods supplied by or offered by us:

 

(i)        the replacement of the goods or the supply of equivalent goods;

 

(ii)       the repair of such goods;

 

(iii)      the payment of the costs of replacing the goods or acquiring equivalent goods;

 

(iv)    the payment of the costs of having the goods repaired.

13         Miscellaneous

We rely upon your continued observance of these Terms of Use.  In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs. 

 

These Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms of Use.

 

We do not make any claims that the information contained on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions.  Access to the information contained in the Website may not be legal by certain persons or in certain countries.  If you access the Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

 

If any provision of these Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

 

We reserve all rights not expressly granted by us under these Terms of Use.  If we do not act in relation to a breach of these Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms of Use by you. 

14         Termination

These Terms of Use are effective until terminated by us.  We may terminate these Terms of Use and your access to the Website at any time without notice.  In the event of termination, all restrictions imposed on you by these Terms of Use and/or disclaimers and limitations of liability set out in these Terms of Use will survive. 

 

© 2017 Lifting Equipment Direct All Rights Reserved

Terms of Use last updated 16/10/2017