Terms and Conditions of Website Use

Transcription

1 Terms and Conditions of Website Use This website (the "Site") is owned and operated by Hoshizaki Lancer Pty Ltd (ABN ) ("Hoshizaki Lancer") and may contain material from Hoshizaki Lancer and other related companies (including but not limited to Hoshizaki Lancer subsidiaries, and/or associated companies). Your access to, use of, linking to the Site, use of software or downloading materials from the Site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("General Conditions"). Your Access to the Site constitutes your agreement to be bound by the General Conditions. Hoshizaki Lancer reserves the right to revise, modify or change this Site including these Terms and Conditions of Website Use ( Terms and Conditions ) without prior notification. The user is responsible for regularly reviewing the Terms and Conditions set out on this Site. If you do not agree to abide by these Terms and Conditions, do not use the Site or download materials from the Site. Licence Hoshizaki Lancer grants you a limited licence in relation to the content of the Site. This includes the text, registration facilities, hyperlinks, and the underlying HTML or XML. You may display it on your computer, print it, down load it, and use it for your personal, noncommercial use within your organisation only. Disclaimer and Limitation of Liability Every effort is made by Hoshizaki Lancer to ensure that Site content is accurate and upto-date. However, neither Hoshizaki Lancer nor Hoshizaki Lancer directors, officers, agents, employees or contractors ("Hoshizaki Lancer Personnel"): (a) warrant that any of the functions contained in any content or that your Access will be uninterrupted or error-free, that defects will be corrected, or that the Site's or the server that makes it available are free of viruses or bugs; or (b) give any representation or warranty as to the accuracy, completeness, or suitability for a particular purpose of the content of the Site (including the text, registration facilities, hyperlinks, and the underlying HTML or XML). You must rely on your own judgment in relation to any matter of that type. The Site's content, including the information, names, images, pictures, logos and icons regarding or relating to Hoshizaki Lancer, its products and services (or to third party lancerbeverage.com Page 1 of 6

2 products and services) are for information purposes only and are provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The Site s content is subject to change without notice. No person may rely on any information contained in this Site. To the maximum extent permitted by law, Hoshizaki Lancer and Hoshizaki Lancer Personnel disclaim any and all responsibility in respect of this Site and any loss or damage suffered or incurred by a person for any reason relying on any of the information provided in this Site. Hoshizaki Lancer is entitled to alter any of the content at any time, however, Hoshizaki Lancer are not under any duty to do so. To the maximum extent that the law allows, Hoshizaki Lancer nor Hoshizaki Lancer Personnel will be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of (or reliance on) the Site regardless of the form of action. This applies even if Hoshizaki Lancer has been informed that the liability, loss, damage or expense will or may result. You must not use the Site or the Site s content in any manner or for any purpose which is unlawful or in any manner which violates any right of Hoshizaki Lancer or which is prohibited by these Terms and Conditions or the General Conditions. Limitation of liability for implied warranties In the case of an implied warranty that the law says Hoshizaki Lancer can t exclude, Hoshizaki Lancer s liability is limited, in cases where the law allows it, to any one or more of the following, at Hoshizaki Lancer s option: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) in the case of services: (i) the resupply of the services; or (ii) the payment of the cost of having the services resupplied. lancerbeverage.com Page 2 of 6

3 Disclaimer for Third Party Sites The Site contains links to third party sites ("Linked Sites"). Linked Sites are not under the control of Hoshizaki Lancer, and Hoshizaki Lancer is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site ("Subsequent Link"). Hoshizaki Lancer provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Hoshizaki Lancer or Hoshizaki Lancer Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk. Neither Hoshizaki Lancer nor Hoshizaki Lancer Personnel give any representation or warranty as to the reliability, accuracy or completeness of any third party material on the Site, Linked Sites or Subsequent Sites, nor does Hoshizaki Lancer accept any responsibility arising in any way (including negligence) for errors in, or omissions from such third party material, Linked Sites or Subsequent Sites. Use of Content The materials displayed on this Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Hoshizaki Lancer and are protected by copyright, trademark and other intellectual property laws. Site content may be used for informational purposes only and such content may be displayed and printed solely for your personal, non-commercial use within your organisation only. You may not copy, reproduce, republish, download, post, broadcast, transmit, sell, make available to the public, circulate any such material to any third party, or otherwise use the Site's content in any way except for your own personal, noncommercial use within your organisation only. You also agree not to adapt, alter or create a derivative work from any Hoshizaki Lancer content. Any other use of the Site's content requires the express prior written permission of Hoshizaki Lancer. As PDF files on the Site are updated from time to time you may: (a) if it is for your personal use, make only one hard copy; (b) if it is for distribution to your clients, make only sufficient numbers of hard copy for immediate distribution of one hard copy to each client. You may not keep any hard copies for distribution to clients at a later date. Under no circumstances should you copy the PDF files from the Site and place them directly on your web site or maintain a copy of the PDF files on your computer. You must not use any spider, screen scraper, robot, or other automated similar software or device ("Prohibited Device") to use or access the Site in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the content, without Hoshizaki Lancer's prior written approval. lancerbeverage.com Page 3 of 6

4 You are not allowed to do anything which alters the Site, or interferes with or affects its working. Hoshizaki Lancer contact details are posted for legitimate enquiries to our business only. They are NOT to be used for any type of marketing purposes, including but not limited to mailings lists or contact databases, without the express prior written consent from Hoshizaki Lancer. Doing so is a breach of Spam Act 2003 (Cth). The posting of these details on the Site does NOT imply consent. Copyright Hoshizaki Lancer owns the copyright in the Site and all of its content. Hoshizaki reserves its rights in it. Apart from uses permitted by the Copyright Act 2001 (Cth) or by this licence, no part of any material may be reproduced or provided to the public, in any form and by any means, without Hoshizaki Lancer s express prior written permission. Trade marks etc Hoshizaki Lancer owns its trade mark and device. No permission is given for their reproduction or publication, except to the extent allowed by this limited licence. Privacy Statement Hoshizaki Lancer s privacy policy restricts Hoshizaki Lancer in the use we can make of personal information that you provide to Hoshizaki Lancer through the use of the Site. Click here to read Hoshizaki Lancer s privacy policy. Linking to the Site Hoshizaki Lancer welcomes links to the home page of the Site, provided that the link is a text link only which directs to the home page of Hoshizaki Lancer and the link to the Site is identified clearly as such on your site. In addition, external parties may only link to the home page of the Site provided the conditions listed under the section Linking Conditions below are met. lancerbeverage.com Page 4 of 6

5 Linking Conditions Any link to the Site must comply with these Terms and Conditions and the link must not, in Hoshizaki Lancer's opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws. Hoshizaki Lancer is not liable and you agree to indemnify Hoshizaki Lancer to the extent that any such conduct is found to have occurred. The link must be made in good faith, and must not in Hoshizaki Lancer's reasonable opinion cause the Hoshizaki Lancer brand or any Hoshizaki Lancer trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site. No other linking is permitted unless it is the subject of a separate specific written agreement between you and Hoshizaki Lancer. Hoshizaki Lancer Access Rights You agree to allow Hoshizaki Lancer access to your web site at any time so that Hoshizaki Lancer can review whether you are complying with these Terms and Conditions. If requested by Hoshizaki Lancer, you must provide any passwords that are required to access your web site. Termination Hoshizaki Lancer can terminate your right to link to the Site at any time by informing you directly. If we terminate your right to link to the Site, you must cease linking to the Site immediately. Severability If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these Terms and Conditions, but the rest of these Terms and Conditions are not affected. lancerbeverage.com Page 5 of 6

6 Variation Hoshizaki Lancer reserves the right to vary these Terms and Conditions from time to time. The latest Terms and Conditions will always be made freely available to you at Waiver The fact that Hoshizaki Lancer fails to do, or delays in doing, something it is entitled to do under this document, does not amount to a waiver of any obligation of, or breach of obligation by, the Site user. A waiver by Hoshizaki Lancer is only effective if it is in writing. A written waiver by Hoshizaki Lancer is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach; or as an implied waiver of that obligation or breach in relation to any other occasion. Time of receipt of s An is to be treated as having been received at the time it entered the information system of the addressee in an openable and readable form. Receipt may be proved by an electronic or paper record of that event. Governing Law These Terms and Conditions are governed by the law of South Australia. lancerbeverage.com Page 6 of 6