Pulse Construction Monitoring – Website Terms and Conditions
1.General
1.1 This website at www.pulseconstructionmonitoring.com.au (Site) is a retail website where you can browse, select and order products advertised on the Site from Pulse Construction Monitoring Pty Ltd (ACN 125 436 535) (Pulse Construction Monitoring, us or we).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
1.4 The terms and conditions also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
2. Disclaimer
The information contained in this Site is provided in good faith on an "as is" basis. Pulse Construction Monitoring does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Pulse Construction Monitoring is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
3. Intellectual Property
3.1 You:
3.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
3.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
3.1.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
3.2. You may:
3.2.1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
3.2.2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3.3. This Site, the Products and any ancillary materials or documents owned or used by Pulse Construction Monitoring in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Pulse Construction Monitoring (either in their own right or under licence). You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
4. Viruses
4.1. Pulse Construction Monitoring does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
4.2. You are responsible for scanning any information for viruses.
4.3. You agree that Pulse Construction Monitoring has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.4. If Pulse Construction Monitoring is found to be liable this will be limited to the cost of supplying the information again.
5. Compliance with these Terms and Conditions
5.1. You agree to bound by, and comply with, these terms and conditions by:
5.1.1. using the Site;
5.1.2. completing your registration through the Site; and/or
5.1.3. obtaining or ordering Products from us using the Site or by any other method of sale.
6. Terms of Trade
6.1. You acknowledge that our Terms of Trade form part of these Terms and Conditions and will apply in respect of any product ordered.
7. Changes to these Terms and Conditions
7.1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are our Terms of Trade that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
7.2. Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8. Your Obligations
8.1. You covenant and warrant that:
8.1.1. all information and data provided by you to us through the Site or otherwise is true, accurate, complete and up to date;
8.1.2. the person receiving the Products at the Delivery Address is authorised by you to do so;
8.1.3. the Products are being purchased for your personal use;
8.1.4. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
8.1.5. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
8.1.6. you are responsible and liable for any person that uses your devide and/or details to order Product(s) through the Site;
8.1.7. you will check the labels and instructions on the Products before use.
8.2. You must not:
8.2.1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
8.2.2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
8.2.3. make fraudulent or speculative enquiries, purchases or requests through the Site;
8.2.4. use another person’s details without their permission or impersonate another person when using the Site;
8.2.5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
8.2.6. tamper with or hinder the operation of the Site;
8.2.7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
8.2.8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
8.2.9. modify, adapt, translate or reverse engineer any portion of the Site;
8.2.10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
8.2.11. reformat or frame any portion of the web pages that are part of the Site;
8.2.12. create accounts by automated means or under false or fraudulent pretences;
8.2.13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
8.2.14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
8.2.15. use the Site other than in accordance with these terms and conditions; or
8.2.16. attempt any of the above acts or engage or permit another person to do any of the above acts.
9. General Provisions
9.1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
9.2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
10. Privacy Policy and Your Personal Information
Refer to the Privacy Policy, which form part of these terms and conditions.
11. Definitions
11.1. Capitalised terms used are defined in these terms and conditions.
11.2. In these terms:
11.2.1. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
11.2.2. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
11.2.3. “Product’ means each good or service that is advertised on the Site.