Application of these terms
1. The following terms (“Terms”) govern use of any web site maintained by Associated Gaskets Pty Limited (“AG”) (“the Site”). Each user of the Site understands and agrees that by using the site the user (on his or her own behalf and on behalf of any person or entity for whom the user of the Site gains access the Site) signals his or her agreement to abide by these Terms whilst using the Site and in all subsequent dealings with information obtained as a consequence of accessing the Site. AG reserves the right to change the Terms at any time, and any change will take effect immediately upon the changed Terms becoming accessible on the Site. Users should review this page of the Site each time the Site is accessed.
2. If a user of the Site violates these Terms, AG may without notice and without giving reasons restrict or terminate use of the Site, or bar the user of the Site from future use of the Site, and/or take appropriate legal action.
3. In these terms the expression “use of the Site” means gaining or attempting to gain access (directly or indirectly and whether or not such access is immediate) by any electronic or other medium to information that becomes accessible (whether displayed or not) by reason of or consequent upon the establishment a link to the Site and includes utilising the Site to communicate with AG or any other person or to access any other site or device. A references to “use of” other sites and a “user” of the Site or other sites has a corresponding meaning.
4. AG does not hold itself or any agent or employee out as having expertise, experience or qualifications relevant to decisions concerning the suitability of particular products for use in the particular applications, conditions or circumstances users of the Site may encounter. The Site is intended to provide abridged and general information which might be the foundation for further investigation and consideration. The Site is not intended to be used as a basis for assessment or determination of the suitability of products in any specific case. AG makes no recommendations, representations or warranties of any kind, express or implied, as the accuracy or completeness of information, content, specifications, ideas, opinions or product information obtained through use of the Site or in any material accessible through use of the Site. AG gives no assurance as to the suitability of any product for the conditions and in the application that a user of the Site may confront and to the fullest extent permissible by law excludes all liability to users of the Site arising from use of the Site or action taken as a consequence of use of the Site.
5. AG strongly advises all users of the Site and all prospective users of products referred to on the Site to engage and consult suitably qualified and experienced engineers or technical advisers to assist them in their selection of suitable products. This is essential where product failure may result in any risk to personal safety, property damage or economic loss or damage. AG is not liable for any loss or damages of any kind, sustained by any person arising from the use of the Site.
Release of AG from liability to users of the Site
6. By using the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), that they shall have no rights to make any claim against AG for any damages or losses, whatsoever, resulting from use of the Site or any link to another site. If a problem with the Site, use of the Site, information contained in the Site or a link from the Site is encountered, please notify AG. AG will investigate the matter and take any actions it deems appropriate.
Indemnity of AG from liability to Third Parties
7. By use of the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), to indemnify and hold AG and its subsidiaries, affiliates, officers, agents and employees harmless from any loss, liability, claim or demand that may be made by any third party due to or arising out of the use of the Site and for any costs expenses or expenditure incurred by AG in resisting such a claim or seeking indemnity from the user of the Site (or a principal represented by a user of the Site) in relation to it, including the reasonable cost of AG’s employees, agents and lawyers.
Search Results and Links
8. The Site may incorporate or automatically produce search results that reference or link to third party sites throughout the World Wide Web or other information obtained from persons or organizations other than AG. AG has no control over these sites or the content within them or the processes employed by the persons or organizations from whom information has originated. AG does not guarantee, represent or warrant that content of this kind (whether contained in the Site or in other sites) is technically reliable, accurate, legal and/or inoffensive. AG does not endorse the content of any, nor does AG warrant that content of a third party site will not contain viruses or otherwise impact the computer of a user of the Site.
9. By use of the Site users of the site agree and acknowledge (on their own behalf and on behalf of any person or entity for whom they use the Site), that they are only authorised to use the Site, visit, view and to retain a copy of pages of this Site for their own personal use, and that they must not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use unless otherwise specifically authorised in writing by AG to do so.
Unauthorised Use of the Site
10. AG expressly refuses to permit the Site to be used for purposes contrary to commercial and legal interests of AG or for the gathering of dissemination of information contrary to law. Illegal and/or unauthorised uses of the Site and the unauthorised reproduction of information contained in the Site or linking of the Site to any other site are not permitted. Appropriate legal action, including without limitation civil, criminal and injunctive redress may be taken without notice.
Termination of Use of the Site.
11. In AG’s sole and unfettered discretion and without prior notice and without disclosing its reasons AG may restrict or terminate the access of a user of the Site to the Site or to any part of the Site and may shut down, reconfigure or alter the Site, any part of it and any material accessible through use of the Site. In addition or in the alternative AG may take any legal or practical course available to it and or exercise any remedy available to it and may destroy information or remove any material from any source if AG in its sole and unfettered discretion believes that the material may be found to violate or be inconsistent with these Terms or the rights of AG or anyone else or that the material is offensive, contrary to good taste, intemperate, contrary to the commercial or legal interests of AG, in breach any law or otherwise inappropriate. Users of the Site agree that monetary damages may not provide a sufficient remedy to AG for violations of these terms and conditions and consent to injunctive or other equitable relief for such violations.
12. If the ability of a user of the Site to use the Site or any part of the Site or any material accessible through use of the Site is terminated, interrupted, suspended, limited or confined, the user of the Site has no entitlement to demand, require the reinstatement or restoration of an entitlement to use or access the Site or any part of the Site or any material accessible through use of the Site or obtain any recompense, damages or other payment from AG.
Use of information
13. AG may without prior notice and without disclosing its actions or reasons release information about a user of the Site if required by law or subpoena, or if AG considers that the release of information is desirable, convenient or appropriate for the purpose of addressing, detecting or remedying any breach of these Terms or unlawful or harmful activity. AG will not in any circumstances, as a consequence of any such release of information, be required to provide any recompense or payment to the a user of the Site or any other person.
14. Copyright in the images available for viewing in the Site and all material presented by AG is vested in AG or other publishers. AG does not authorize duplication of any of the material contained on the Site for any purpose other than personal use.
15. The content of the Site and software on the Site is the property of AG and/or its suppliers and is protected by Australian and international laws for the protection of trademarks, designs, patents, copyright and trade secrets (“intellectual property”) and by the common law regardless of whether or not particular material is identified as being the subject of intellectual property rights. AG may post notice of the existence of intellectual property rights and acknowledgments and credits concerning the existence of such rights on pages of the Site, but its failure to do so does not indicate that such rights do not exist or are waived. Any such notice acknowledgment or credit must not be removed from the Site and must be incorporated in any material extracted from the site.