WEB SITE CONDITIONS OF USE
These conditions govern all access to and use of this and associated web sites
“sites” means any part of this web site and any other web site operated by or on behalf of us;
“use” includes access or use or attempted access or use of any part of the sites and includes (without limitation) access to and use of site content, completion and submission of any online form available at or through the sites, submission of any email to an email address identified at or through the sites, participation in any forum or similar facility available at or through the sites, access to and use of content and other facilities on any other web sites via a link provided on the sites and participating in any promotion conducted at or through the sites;
“we”, “us” and “our” means any entity within the Heavy Automatics group and includes (without limitation) Heavy Automatics Pty Ltd (ACN 062 894 277), Heavy Automatics (Qld) Pty Ltd (ACN 106 833 452), Heavy Automatics (NSW) Pty Ltd (ACN 096 597 938), Heavy Automatics (Vic) Pty Ltd (ACN 100 520 401), HA Parts Pty Ltd (ACN 117 732 822) and Heavy Hydraulics Pty Ltd (ACN 612 770 448) and their related entities and their respective officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content; and
“you” and “your” means any person who uses the sites.
Scope of these conditions
You must read and agree to these conditions before making any other use of the sites. If you do not agree to these conditions, you must not use the sites. By making any use of the sites, you thereby accept and agree to be bound by these conditions.
These conditions apply to all use of the sites including your use of sections of the sites which are subject to additional specific conditions. Your use of any section of the sites which is subject to specific conditions is subject to your prior acceptance of those specific conditions and you agree to be bound by those specific conditions with respect to your use of the relevant section(s) of the sites even if you fail to review the specific conditions.
We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies can not be excluded by agreement (“non-excludable rights”).
Subject to any non-excludable rights: (a) the sites and their contents are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the sites) are excluded.
If you find any errors or omissions, please report them to us.
Liability arising from use of the sites
Subject to any non-excludable rights: (a) your use of the sites is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the sites or your use of the sites; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the sites, or arising from your purchase or inability to purchase any goods or services offered on the sites, or arising from your inability to participate in any promotion offered on the sites whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in sites performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the sites or your attempted use of the sites.
If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).
You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the sites.
Inappropriate use and content
You must not use our sites in order to send unsolicited email to recipients who have not given you permission to send them email. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the sites and must not use the sites in connection with any denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the sites. You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).
We are not liable for defamatory, offensive, illegal or inappropriate content available at the sites or accessed from the sites and the risk of injury from such content rests entirely with you.
Third party material
The sites may include content or references supplied by users or other third parties (“third party material”). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
Links to third party web sites
Any links to third party web sites from the sites are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites or your rights to access, reproduce and use that material. We do not review and monitor any linked third party web sites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.
You acknowledge and agree that we may receive payments or other benefits in connection with links to third party sites or the inclusion of third party material in the sites.
Links from other sites to the sites
Other sites may only link to the sites with our prior written permission. Any site that links to the sites must link to the relevant home page and must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.
We cannot and do not guarantee or warrant that the sites will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Copyright, trade marks & limited right to use materials
We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the sites including without limitation web pages, code, software, files, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the sites for your internal business purposes or for personal use and may only print or make an electronic copy of information available on the sites for that purpose. You must not sell or otherwise commercially exploit any information made available at the sites. You must ensure that all copyright notices are retained in any material copied from the sites. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the sites in whole or in part without our prior written permission. If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the sites automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the sites or to us in connection with your use of the sites, you thereby assign all intellectual property rights in that material to us. You must not submit material to the sites if a third party has any intellectual property rights in that material unless you have obtained the permission of that third party to submit the material. You must indemnify us against all liabilities and losses we sustain if material you submit to the sites infringes any third party intellectual property rights.
Sale of goods or services
Our supply of goods or services will typically be subject to our express written terms and conditions (which take precedence over the following provisions). In the absence of any express written terms and conditions and unless otherwise stipulated by us at or prior to a sale, any sale of goods or services from the sites is subject to the following conditions:
All transactions are in Australian Dollars or as otherwise specified on the sites. If no currency is specified, then the applicable currency is Australian Dollars. If any amounts are shown in currencies other than Australian Dollars these are only indicative and we may require an adjustment of the price and additional payment to take into account any unfavourable exchange rate variations at the actual time of transaction.
Credit Card Use
Payments made via the sites will be processed by a third party payment processing organisation We undertake to use credit card details only as specified by you in relation to purchases made on the sites. Illegal use of credit cards is a serious crime. We will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
Errors in description or pricing
Errors may occur in the description or pricing of products or services offered on the sites. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
Any supply of goods or services by us is subject to any express written warranties offered by us or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (Liability arising from use of the sites) including provisions relating to non-excludable rights apply.
Any delivery times are estimates only and we are not responsible for any delays in delivery. If a product or service you have ordered is unavailable for any reason, we may cancel an order without liability.
We may require certain personal information from you in order for you to access and use our services. If you do not provide the information we require, we will not be able to provide access to and use of those services.
By submitting any information to us, you consent to (a) our sending of commercial electronic messages (including emails and SMS messages) and communicating with you by other available means regarding our products and services using the email address(es), phone numbers and other contact details you disclose to us; and (b) our use of any submitted information to tailor our messages to suit your particular circumstances; and (c) our provision of your details to any third party supplier of products which we have supplied to you in order for that third party to contact you regarding its products and our services (e.g. to conduct customer satisfaction or product related surveys). You warrant that this consent is given with respect to any email address, mobile phone number or other contact details you disclose to us (including by simply sending us an email). You and any other disclosed addressee may “opt-out” of the receipt of these kinds of messages at any time by notifying us that your consent is withdrawn. The withdrawal of consent will take effect five business days after we receive your notification.
The sites are administered by us from offices in Adelaide, South Australia. These conditions and your use of the sites and any disputes between you and us shall be governed by and construed in accordance with the laws of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the sites must be commenced in the appropriate court in South Australia. You are solely responsible for ensuring that your use of the sites is not prohibited and complies with your local laws.
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to sites content and access rights
We may modify the content, nature or accessibility of the sites as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the sites.
Revision of these conditions
We may revise these conditions at any time by updating this web page. You hereby agree to be bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the sites after a revision of these conditions evidences your acceptance of that revision.