ANDPAK (AUST) PTY LTD – TERMS AND CONDITIONS OF USE
Andpak (Aust) Pty Ltd (Andpak) grants you, the user of Andpaks’ website, non-exclusive access to view the content on the website, subject to these terms and conditions.
These terms and conditions are subject to addition, alteration, amendment, change, deletion, variation as Andpak may make within its’ absolute discretion.
By using Andpaks’ website, you shall be deemed to have accepted and be bound by these terms and conditions and subsequent versions in force from time to time.
If you do not accept these terms and conditions, and subsequent versions, then your only remedy is not to use Andpaks’ website.
Use of Website
You may access Andpaks’ website to:-
- View its content;
- Download material that Andpak has placed on the site for download by its users; and
- Any lawful purpose that Andpak intends for its’ website to be used.
You undertake not to access or use this website that is:-
- in breach of these terms and conditions and subsequent variations; or
- in breach of any applicable laws or regulations or to commit a breach of any applicable laws and regulations; or
- for any fraudulent purpose.
Further you undertake not to upload, transmit, post, blog, tweet, instant message, email, publish or otherwise make available, including posting links to third party websites, any material that:-
- incites acts of terrorism, war, genocide, or otherwise poses a security risk to the public, civil violence or hatred towards a person, or persons, of any race, colour, ethnicity, nationality, gender, sexual orientation, age, religious belief/affiliation or of no religious belief/affiliation, physical or mental disability;
- is obscene, vulgar, offensive, threatening, harasses or stalks, hateful, abusive, indecent, unlawful, defamatory, damaging to reputation or goodwill of any person;
- contains nudity, sexual references, sexual acts, pornography, exploits another person or is otherwise objectionable;
- contains any file, code, program or software that contains viruses, worms, spyware/malware, or any other code, file, program, software that may or is intended to monitor the use of, interferes with, hijacks, corrupts, disrupts, interrupts, damages, etc., Andpaks’ website, server, networks, software, hardware or computer equipment, or, modifies, adapts, licences, sub-licences, sells, reverse engineers, decompile or otherwise disassemble any portion of Andpaks’ website.
- Is unauthorised advertising, “chain letters”, “pyramid selling”, “scams” “spams”, “phishing”, offers to sell or buy goods and services or is promotional material that is unwanted or unsolicited.
Andpak owns the copyright and other intellectual property rights in the content of Andpaks’ website, save where Andpak indicates otherwise.
All trademarks appearing on this website belong to their rightful owner(s).
Nothing in these terms and conditions grants to you any right title or interest in Andpaks’ or any other persons intellectual property contained on Andpaks’ website.
You undertake not to copy, reproduce, fail to attribute, licence, sub-licence, encumber, distribute, display, publish or cause to publish, transmit or post any intellectual property owned by Andpak that is contained on Andpaks’ website, save for your personal and a non-commercial purpose.
Further you undertake not to upload, transmit, post, blog, tweet, instant message, email, publish or otherwise make available any material that infringes or violates the intellectual property rights of third parties.
Limitation of Liability
You acknowledge that:-
- the content of Andpaks’ website is “as is”;
- it may be up-dated from time to time; and
- use of Andpaks’ website is at your own risk.
Andpak excludes all warranties, express, implied or statutory, to the extent permitted by law and save where they are contained expressly in these terms and conditions.
Andpak shall endeavour to ensure that the content is current, timely and accurate but does not warrant or guarantee that the content shall be free from error or omission.
Further, Andpak does not warrant or guarantee that your access to its’ website shall be free from interruption.
You shall not seek to hold Andpak liable for any loss (including consequential loss, loss of profits, revenue, production, opportunity, goodwill, diminution in value), expenses, costs (including legal costs) or damages of any kind wherever situated and howsoever arising from your use of Andpaks’ website or reliance upon any of its’ content, including your use or reliance of contained of third party websites with links contained on Andpaks’ website.
Where a court determines that we are in breach of any statutory warranty that applies to your use of Andpaks’ website then you agree that Andpaks’ total liability to you shall be limited to an aggregate total of AUD$1.00 for any and all types of loss claimed by you.
The remedy referred to immediately above apply only to the use of our website and do not apply to warranties or guarantees, express, implied or statutory, that apply to the products that we sell, regardless of whether the products were sold through Andpaks’ website or not.
You agree to indemnify Andpak, its’ shareholders, directors, company officers, employees and agents from liability for any loss (including consequential loss, loss of profits, revenue, production, opportunity, goodwill, diminution in value), expenses, costs (including legal costs) or damages of any kind wherever situated and howsoever arising from a breach of these terms and conditions, breach of the law, negligence or fraud by you.
The laws in force in the State of Victoria Australia from time to time shall apply to these terms and conditions.
You consent to submit to the jurisdiction of the competent court or Tribunal exercising its jurisdiction in that State.