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Pall Mall Manufacturing
Company Pty Ltd trading as Matworld
Terms of Website Use and Disclaimers
THESE TERMS APPLY TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER
THE DOMAIN NAME WWW.MATWORLD.COM.AU (“WEBSITE”) AND TO
ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE
TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES
THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE
TO PURCHASE PRODUCTS FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO
NOT USE THIS WEBSITE.
This Website is operated from Australia By Pall Mall Manufacturing
Company, P O Box 476, Riverwood, NSW 2210, Australia
1. INTRODUCTION
1.1 The Company controls the Website from Australia and therefore does not represent
that its contents will be appropriate in all jurisdictions. If you choose to
access the Website from countries outside Australia you must ensure compliance
with local laws. The use of the Website is subject to you accepting the following
terms and conditions.
1.2 By accessing any part of this Website, you shall be deemed to have accepted
these terms in full. If you do not accept these terms in full, you must leave
this Website immediately.
1.3 The Company may revise these terms at any time. You should
check this Website from time to time to review the then current
terms because they are binding on you. Certain provisions of these
terms may be superseded by expressly designated legal notices or
terms located on particular pages on this Website.
2. LICENCE
2.1 You are permitted to print and download extracts from this
Website on the following basis:
(a) no documents or related graphics on this Website are modified
in any way;
(b) no graphics on this Website are used separately from accompanying
text;
(c) the Company’s copyright notice and this permission notice
appear in all copies; and
(d) the material and content are only downloaded for the purposes
of you using this Website to view and/or order products from the
Company and not for any other purpose.
2.2 This Website or any portion of this Website may not be reproduced,
duplicated, copied, sold, resold, visited or otherwise exploited
for any commercial purpose.
2.3 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by the Company
or its licensors. For the purposes of this legal notice, any use
of extracts from this Website other than in accordance with paragraph
2.1 above for any purpose is prohibited. If you breach any of these
terms, then (without prejudice to any other rights the Company
may have) your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts
from this Website
2.4 You may download and print extracts from this Website only
as permitted by these terms and conditions. No right, title or
interest in any downloaded materials or software is transferred
to you by such downloading.
2.5 Subject to paragraph 2.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without the Company’s
prior written permission.
2.6 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavors to ensure that this Website is
normally available 24 hours a day, the Company will not be liable
if for any reason this Website is unavailable at any time or for
any period.
3.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair of
for reasons beyond the Company’s control.
3.3 The Company reserves the right to revise these terms and conditions,
information, materials and notices on this Website from time to
time or to temporarily or permanently discontinue this Website
or any part of it from time to time without notice.
3.4 The Company does not warrant that your use or access to this
Website will be uninterrupted or error or virus free nor shall
it have any liability for damage caused by hostile software which
may affect or infect your computer equipment or property on account
of your use or of or browsing on the Website or your downloading
of any material.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered
under the Privacy Policy , any material you transmit or post to
this Website will be considered non-confidential and non-proprietary.
The Company will have no obligations with respect to such material.
The Company and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from
this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third party,
in Australia or any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including without limitation,
by hacking).
4.4 The Company will fully co-operate with any law enforcement
authorities or court order requesting or directing the Company
to disclose the identity or locate anyone posting any material
in breach of paragraphs 4.2 or 4.3.
4.5 You understand that you, and not the Company, are responsible
for all electronic communications and content sent from your computer
to the Company and you must use the Website for lawful purposes
only.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave
this Website. The Company has not reviewed all of these third party
websites and does not control and is not responsible for these
websites or their content. The Company therefore does not endorse
or make any representations about them, or any material found there,
or any results that may be obtained from using them. If you decide
to access any of the third party websites linked to this Website,
you do so entirely at your own risk.
5.2 You may not link to this Website without the prior written
consent of a director of the Company
6. DISCLAIMER
6.1 While the Company endeavors to ensure that the information
on this Website is correct, the Company does not warrant the
accuracy and completeness of the material on this Website. The
Company may make changes to the material on this Website, or
to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and
the Company makes no commitment to update such material.
6.2 The material at this Website is provided ‘as is’ without any
conditions, warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, the Company provides you with this Website on the basis
that the Company excludes all representations, warranties, conditions and other
terms which but for these terms might have effect in relation to this Website.
7 LIABILITY
7.1 The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of
the Company’s group
companies and the officers, directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or kind of loss
or damage that may result to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss or damages, or any loss
of income, profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption) and whether in
tort (including without limitation negligence, contract or otherwise) in connection
with this Website in any way or in connection with the use, inability to use
or the results of use of this Website, any websites linked to this Website or
the material on such websites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or your downloading
of any material from this Website or any websites linked to this Website.
7.2 Nothing in this legal notice shall exclude or limit the Company’s liability
for:
(i) death or personal injury caused by negligence (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs thereof.
8 GOVERNING LAW AND JURISDICTION
8.1 These terms shall be governed by and construed in accordance
with Australian law. Disputes arising in connection with these
terms shall be subject to the jurisdiction of the courts in Sydney,
Australia.
9 GENERAL
9.1 If any of these terms and conditions are illegal, invalid or
unenforceable, this shall not affect the validity or enforceability
of the remaining terms and conditions.
9.2 The Company may assign its rights and obligations under these
terms and conditions and these Conditions will inure to the benefit
of our successors, assignees and licensees.
9.3 The failure of either party to insist upon or enforce the performance
of the other party in respect to any provision of these terms and
conditions, or to exercise any right under these terms and conditions
will not be construed as a waiver of such rights. |
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