Terms and Conditions of Sale
Website Terms and Conditions
- The SOLAFT Filtration Solutions Website (Website) is owned and operated by SOLAFT Filtration Solutions Australia Pty Ltd ABN 43 138 098 932 t/a SOLAFT Filtration Solutions and will be referred to as “We”, “Our” and “Us” in these Terms. By accessing and using the Website You accept and agree to be bound by these Terms and accordingly You should review them carefully. If You do not accept these Terms You must not access or use the Website.
- We may change these Terms at any time without notice. Please review these Terms regularly when You access the Website to ensure You are aware of any changes made.
- Account means an account registered through the Website.
- Comments means any Content, votes or any other material submitted to the Website by a User.
- Content means data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other Websites, persons or information or any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website.
- Direct Communication means email, SMS, instant message or any other direct electronic communication.
- Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in the Website.
- Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
- Product means any product offered by Us through this Website.
- Services mean the services offered by Us through this Website.
- Website means all Web pages located at http://www.solaft.com/ including all sub-domains and related sites.
- Terms means these Website terms and conditions between You and Us.
- User means a person who accesses the Website but does not have an Account.
3 Access and use of Website
- Subject to these Terms, You may access and use the Website at no charge and without registering an Account.
- You acknowledge and accept that access to and use of parts of the Website may be subject to terms and conditions in addition to these Terms and the imposition or removal of any access or use restrictions for any part of the Website is at Our sole discretion.
- We derive Content from sources which We believe are accurate and up to date as at the time of publication, however, We do not make any representation or warranty as to the currency, reliability, suitability, accuracy or completeness of any Content provided on the Website.
- While We use reasonable commercial endeavours to update Content embodied in the Website, You indemnify and release Us from all liability for any claim, loss, damage, cost or expense that directly or indirectly results from Your reliance on any Content provided on the Website.
- We may engage third parties to author, design or provide Content for inclusion in the Website. You acknowledge and agree that in relation to all Content contributed by third parties:
- any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
- despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
6 Communications from Us
7 Comments and Posts
- The Website may allow Users to submit or post Comments on different sections of the Website. We do not endorse, or make any representation or warranty in relation to, any Comments submitted by a User and expressly disclaim any and all liability in connection with such Comments.
- By submitting Comments to Us, You:
- grant Us a non-exclusive, irrevocable, perpetual, royalty free and worldwide licence to use and deal with Your Comment as if We were the author or creator of the Comment;
- agree that You will not enforce any Moral Rights You may have in any Comment submitted to Us and You agree that We may use Your Comments in any manner which We see fit without acknowledgement or reference to Your Moral Rights;
- warrant You have obtained all consents and permissions required and are otherwise legally entitled to submit such Comments to the Website; and
- release and indemnify Us from all claims and liability for any claim or loss that directly or indirectly results from Your submission of, or reliance on, any Comments on the Website.
- Comments must not, in any way whatsoever, be potentially or actually harmful to Us or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by Us. Without limiting any provision of these Terms, You warrant Your Comments are not:
- false, inaccurate, misleading or deceptive or fraudulent;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and the Competition and Consumer Act 2010 (Cth));
- defamatory, libellous, threatening or harassing;
- obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, will be distributed only to people legally permitted to receive such content;
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of WCG, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
- create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers.
- We reserve the right to remove or delete any Comments without prior notice.
8 Intellectual Property
- By accessing and using the Website You acknowledge and agree:
- that We are either a licensee or owner of all rights, titles and interests in the Intellectual Property and You will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
- any use, downloading, copying, adaption, modification, communication or reproduction of any part of this Website or the Intellectual Property is strictly prohibited unless necessary for and incidental to Your access and use of the Website; and
- You must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Website, the Content or the Intellectual Property, without Our prior written authorisation.
- You agree to use the Website for lawful purposes only.
9 Modifying and terminating the Website
- We reserve the right to modify, update or terminate the Website or any part of the Website at any time and at Our absolute discretion, without notice or liability to You.
- Any change or modification to the Website or these Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to You, You must not use the Website. If following any such change or modification You continue to use the Website, Services or Content, then You will be deemed to have accepted those changes or modifications.
- We have no control over and are not responsible for the content of any third-party:
- site for which a hyperlink is provided or displayed on the Website;
- site framed within the Website; or
- advertisements displayed on the Website.
- We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party Websites described in clause 10.1.
- Hyperlinks are provided on the Website for Your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Website is not an endorsement, approval or recommendation of the linked Website or its content.
- We are not responsible for the content or privacy practices associated with third-party Websites and accessing these sites You should read their terms, conditions and privacy statements. Your use of or reliance on any third-party Website is at Your own risk absolutely.
- All Content, tools or other data on the Website is provided as general guidance only and should not be used for any specific purpose or in substitution for specialised independent advice.
- You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something You have read on the Website.
- If You have a question or concern about the appropriateness or application of anything on the Website, You must seek advice from a relevantly qualified professional.
- We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Website or Content for any particular purpose or specific business or that the Website can be used in relation to any business in substitution for proper specialised independent advice.
- We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from Your reliance upon the Website or its inability to meet Your needs.
- The use of and Your reliance upon the Website is entirely at Your own risk. When using the Website information will be transmitted over a medium which may be beyond Our jurisdiction or control. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and You should scan and check such data accordingly.
- We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which is beyond Our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to Your computer system which may arise in connection with Your use of the Website.
- To the fullest extent permitted by law:
- all conditions and warranties concerning the Website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by Us, Our liability to You is limited to the remedies contained in section 64A of Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth), which You agree it Your only remedy;
- in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Website, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
- We are not liable to You or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website; and
- remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
- To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
- Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
- We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
- These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and You irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia for determining any disputes concerning these Terms.