These terms and conditions form the basis of your agreement with Advanced Safety Systems Australia Pty Ltd ACN 096 796 137 (“ASSA”). By accessing this website, you agree to be bound by these Terms and Conditions.
ASSA will use its best endeavours to provide you with up to date and compliant tools which are consistent with current laws, legislation, rules and regulations. However, you acknowledge that ASSA is not a legal service provider and any information or tools provided by ASSA do not constitute legal advice. ASSA recommends that you seek legal advice appropriate to your circumstances.
- Warranty and Warranty Claim
- Where any law implies into these Terms and Conditions any term, condition or warranty and that law avoids or prohibits provisions in any contract excluding or modifying the application or exercise of or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions.
- Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
- Except as provided in this clause:
- ASSA does not provide any warranties or guarantees as to the accuracy, completeness or suitability of any information the website for any particular purpose;
- ASSA does not provide any warranties or guarantees that that any information or tools provided will be compliant with laws, legislation, rules or regulations.
- All terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise which are not expressly stated in these Terms and Conditions are expressly excluded; and
- ASSA will not be liable to you for any breach of these Terms and Conditions and ASSA will be under no liability to you in respect of any loss or damage (including any consequential loss or damage) howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use of this website.
You hereby indemnify ASSA against all claims, demands, remedies, suits, injury, damages, loss, costs, liabilities, actions, proceeding or right of action (including legal costs on an indemnity basis) arising from (but not limited to) your use of the website or any tools provided via the website (including negligence) which results in loss, injury or damage (including death) to any property or person.
- Limitation on Liability
ASSA will not be liable to you or any other person for an indirect, incidental, special or consequential damages whatsoever that you or any other person suffers or incurs, even if ASSA has been advised of the possibility of such damages or if they are foreseeable.
You use the website and any tools provided via the website at your risk and to the extent permitted by law, release ASSA from all claims arising out of any damage or injury to any property or person occurring as a result of the use of the website and any tools provided via the website.
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website or any other material of ASSA is owned, controlled by, or licensed to ASSA. You must not use, copy, modify, reproduce or distribute the Website or the Content without ASSA’s prior written consent. You must not frame or embed in another website any of the material appearing on this Website without ASSA’s prior written consent. You may view and print the Content for the sole purpose of using the Services in your business, but not for any other use, including any commercial use. You must not use any of the marks or trademarks appearing on this Website or ASSA’s name without ASSA’s prior written consent.
- If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
- These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
- ASSA reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website.
- A failure or delay by ASSA to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by ASSA does not preclude its future exercise or the exercise of any power or right.