Terms & Conditions - Website
These terms and conditions form a legally binding agreement between You and Us.
In accessing or using the Website, You acknowledge and agree that: (a) these terms and conditions apply to Your access to, and use of, the Website and the Products and Services made available through the Website; and (b) You have read and understood, and agree to be bound by, these terms and conditions.
Any Products quoted for sale or sold through this Website are subject to separate Sale Terms and Conditions.
3. Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments will be effective immediately on notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
We do not represent or warrant that Our Website will be uninterrupted or error-free or defect-free or that any electronic files available through the Website or any linked sites will be free of Harmful Code.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on the Website. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity.
Any passwords used to access Your Account are for individual use only. You will be responsible for the security of Your password and any activities that occur under Your account or password. We are entitled to monitor Your password and at Our discretion, require You to change it.
6. Changes to Products or Services
We reserve the right to make any changes to Our Products or Services that We consider necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Website.
We make no representation that the Products or Services are available at all or any of Our locations at any time at the prices specified on the Website.
7. Lawful use
You must use the Website for lawful purposes only and ensure that Your access to, or use of, the Website is not illegal or prohibited by law. It is Your responsibility to comply with all Applicable Laws in using the Website.
You agree at all times to deal with any information or Materials provided or accessed through the Website in a manner which complies with all Applicable Laws.
8. Misuse of information and Materials
You must not misuse, in any way, the Website or any Materials posted on the Website (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Website). You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Website. To the maximum extent permitted by law, We will not be liable for any Loss suffered or incurred by You arising from or in connection with any other user's misuse of any Materials uploaded by You to the Website.
9. Information on the Website
We do not warrant or represent the accuracy, adequacy, currency, completeness or suitability for Your intended use of any information on the Website nor do We make any representation in relation to the availability, quality, specifications, applications or suitability of any Products or Services for any particular purpose. You are responsible for the use of any information obtained from the Website and must make Your own assessment of all Materials.
All information in the Materials is of a general nature only and provided solely for the purpose of providing information about Us and Our Products and Services to customers, suppliers and the general public. The Website may contain information that includes the views or recommendations of others that are not necessarily Our views.
The Website contains links and pointers to internet sites maintained by third parties. These links are provided for Your convenience and may be accessed at Your own risk. We do not control linked sites and are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse or approve any information on the linked sites or any associated organisation, products or services nor do We give any warranties or representations regarding any information, product, service or material on other websites to which the Website is linked.
To the maximum extent permitted by law, We and Our affiliates, suppliers, licensors and content providers, will not be liable for any Loss (including indirect, consequential, incidental, special, exemplary or punitive loss or damage or loss of revenue, data, opportunity or profits), however caused, suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Website, any Materials, or any linked site; (b) Your purchase of any Products using the Website or for improper usage or application of the Products once purchased; (c) any decision or action taken by You in reliance on any information or Materials provided through the Website; or (d) any error, omission or defect in the Website or any information in connection with Our Products or Services. This disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, the liability cannot be lawfully excluded.
11. Statutory warranties
To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including with respect to merchantability, acceptable quality, fitness for purpose or fitness for a disclosed result), or any other right or remedy, under or implied into this Agreement by any legislation (Statutory Warranties) is excluded. Where We are liable under any Statutory Warranties and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of or liability under, the Statutory Warranties, Our liability for any breach of the Statutory Warranties will be limited, at Our option, to one or more of the following: (a) if the breach relates to Products: the replacement of the Products or the supply of equivalent Products; the repair of the Products; payment of the cost of replacing the Products or of acquiring equivalent goods; or payment of the cost of having the Products repaired; and (b) if the breach relates to Services: the supplying of the Services again or paying the cost of having the Services supplied again.
All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Us and/or Our licensors and/or Suppliers.
Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or expressly permitted by this Agreement, You may not and may not authorise any person to: (a) copy, adapt, reproduce, upload, transmit, store, distribute, display, publish, communicate to the public or create derivative works of the whole or any part of the Materials; or (b) commercialise any part of the Materials, Co-brand, or hyperlink to this Website without Our express written permission or, in the case of third party Material, permission from the owner of the copyright in that Material.
We grant You a non-exclusive limited licence to download one copy of these terms and conditions to any single computer and to print hard copies for Your personal, non-commercial use provided You retain all copyright and proprietary notices on the copies.
13. Trade marks
Trade marks used on the Website are Our trade marks whether registered or unregistered or are licensed from third parties. If You use any of Our trade marks with reference to Us, the Website or Our Products or Services, You must include a statement attributing the trade mark to Us. You must not use any of Our trade marks or the trade marks of third parties featured on the Website: (a) in or as the whole or part of Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Materials, or the Website.
We may terminate this Agreement, any Account created by You using the Website and Your access to the Website if You breach any provision of these terms and conditions or otherwise in Our discretion, without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the end of this Agreement.
15. General provisions
If We waive any rights available to us under this Agreement on one occasion, this waiver does not mean that those rights will automatically be waived on any other occasion.
If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement will continue in full force.
The laws governing this Agreement will be the laws in the State of New South Wales, Australia and You irrevocably submit to the exclusive jurisdiction of the courts of that State.
In these terms and conditions, unless the context otherwise requires:
- Account means an account created by You to purchase Products and Services using the Website.
- Agreement means the Agreement between You and Us comprising these terms and conditions.
- Applicable Laws means all laws applicable to You in Australia or any other jurisdiction.
- Co-brand means to display a name, logo, trade mark or other means of attribution or identification as is reasonably likely to give a user an impression that the user has the right to display, publish or distribute this Website or the Materials.
- Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
- Loss means any injury, loss, expenses, claims, liability or damage of any kind including, without limitation, liability to a third party.
- Material means any content made available by Us via the Website (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts) and all software relating to the Website.
- Products means goods supplied by Us to You.
- Services means services supplied by Us to You (including, but not limited to, use of this Website).
- Website means the website operated by Us at https://unitedfasteners.com.au.
- We, Us, Our means United Fasteners Australia Pty Limited (ACN 078 443 311) for and on behalf of itself and its Related Bodies Corporate (as defined under the Corporations Act 2001 (Cth)).
- You, Your means all persons with whose personal information We deal, and any person, business, company or organisation accessing or using the Website.
This document was last updated on [21/1/21].