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 Weldclass Website - Terms of Use

 

1.     INTRODUCTION

1.1   Welcome to our website www.weldclass.com.au (the “Website“). The Website is provided by JWL Marketing Pty Ltd trading as Weldclass Welding Supplies (“we“, “us” or “our”).

1.2   “You” and “your” means you as the user of our Website.

1.3   We have set out the terms under which we are providing you with access to our Website. These include the terms and conditions that govern:

(a)   your use of the Website (including your rights to link to the Website) as set out in these Terms of Use;

(b)   our use of cookies on the Website (see our : Cookies Policy at the end of our separate Privacy Policy); and

(c)   how we will collect, use and protect information about you (see our separate Privacy Policy).

Collectively these documents are termed as the “Terms of Use“.

1.4   If you are purchasing Goods and/or Services from us via our Website, the Weldclass Trading Terms and Conditions on this Website also apply.

 

2.     USE OF THIS WEBSITE

2.1   By accessing the Website, you agree to these Terms of Use.

2.2   You should read all the Terms of Use prior to using the Website. You should also save and/or print out a copy of these Terms of Use for future reference.

2.3   We may change our Terms of Use from time to time. The revised Terms of Use will be available via the Website. You will be deemed to have accepted any changes to the Terms of Use after you have been notified of the changes on our Website home page and you continue to access or use the Website.

2.4   You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.

2.5   If you do not agree to these Terms of Use, you should not use the Website.

2.6   These Terms of Use terminate if we cease to operate the Website or on notice to you if you have breached these Terms of Use.

 

3.     ACCESSING OUR WEBSITE 

3.1   Access to our Website is permitted on a temporary basis. We may update our Website from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website at any time without notice.

3.2   You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms of Use.

3.3   Please note that use of our Website is subject to your computer and/or portable device being compatible with our Website, and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

 

4.     RELIANCE ON INFORMATION POSTED

4.1    Materials posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by local law.

 

5.     INTELLECTUAL PROPERTY

5.1   Nothing in these Terms of Use constitutes the transfer of any intellectual property rights.

5.2   You may access, view and print out one copy of this Website and all information, images, and other content displayed on the Website (“Materials“) strictly in accordance with these Terms of Use.

5.3   You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us. All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions:

You must not:

(a)   remove any copyright or other proprietary notices contained in the Materials;

(b)   use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties;

(c)   reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent; or

(d)   add any content to the site without our prior written consent or which would cause you or us to breach any legal obligation, or which could be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to insight racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.

 

6.     TRADE MARKS

6.1   We expressly reserve all rights in and to the www.weldclass.com.audomain name and all related domains and sub-domains, the name Weldclass Welding Supplies and any logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

 

7.     LINKING TO OUR WEBSITE

7.1   You may link to any page of the Website, for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

7.2   You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.

7.3   Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice.

 

8.     PRIVACY, YOUR PERSONAL DATA AND COOKIES

8.1   The privacy of your personal data is important to us. We may collect information from you at on the Website, for example when you submit a query or comment to us via the “Contact” form. Please see our Privacy Policy for details of how we will collect, use and protect your personal data.

8.2   For details about how we use cookies, please see our Cookies Policy at the end of our separate Private Policy.

 

9.     THIRD PARTY SITES

9.1   Our Website and/or the Materials may contain links to third party websites. Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.

9.2   If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.

9.3   The inclusion of any link on our Website or in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.

9.4   Please remember that when you use a link to go from our Website to another website, these Terms of Use and our Privacy Policy (including as regards Cookies) are no longer in effect.

 

10.   OUR LIABILITY

10.1  To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.

10.2  We do not accept liability for any failure to maintain the Website.

10.3  We shall not be liable under these Terms of Use for loss of data, the transmission of viruses, interruption of business, any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

10.4  The Materials may contain inaccuracies and typographical errors. We do not warrant the truthfulness, accuracy or completeness of the Materials.

10.5  We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. However, nothing in these Terms of Use shall affect your statutory rights, and nothing in these Terms of Use shall exclude our liability for:

(a)   death or personal injury arising through our negligence;

(b)   fraudulent misrepresentation; and/or

(c)   anything else that cannot be excluded or limited by us under applicable law.

10.6  To the extent any loss or liability cannot be excluded we reserve the right to limit liability to resupply the service or refund of an amount up to monies paid to us in the preceding year at our sole discretion.

 

11.   MISCELLANEOUS

11.1  You acknowledge that a breach of these Terms of Use may infringe not only the rights of Weldclass Welding Supplies, but also its licensors. Without limiting any other provision of these Terms of Use, you agree to fully indemnify Weldclass Welding Supplies in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of your breach of these Terms of Use.

11.2  These Terms of Use embody the entire understanding and agreement between the parties as to the subject matter of these Terms of Use. The parties agree that unless expressly stated in these Terms of Use, you have not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms of Use.

11.3  Headings have been included in these Terms of Use for convenience only and must not be considered part of, or be used in interpreting, these Terms.

 

12.   LEAGAL COMPLIANCE AND APPLICABLE LAW

12.1  These Terms of Use shall be governed by the laws of Australia and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

12.2  You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website. To the extent that the Website or any activity contemplated by it would infringe any law of a jurisdiction other than Australia, then you are prohibited from accessing or using the Website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.

 

13.   CONTACT US

13.1  If you have any concerns or queries about material which appears on our Website or if you have questions about your use of this Website or these Terms of Use please email us at admin@jwl.net.au 

13.2  If you have any suggestions for improvements or additions that you would like to see on the Website please email us at admin@jwl.net.au

13.3  Our postal address for correspondence is Weldclass Welding Supplies, PO Box 7002 New England MSC NSW 2348 Australia.