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Terms and Conditions

FERNO AUSTRALIA PTY LTD

WEBSITE TERMS AND CONDITIONS OF USE

DEFINITIONS

CUSTOMER: Individual or a single entity registered to access the Website.

ONLINE IMAGE LIBRARY: Web based database of Material, available for use by Customers

OWNER: Ferno Australia Pty Ltd ACN 009 927 137

MATERIALS: Including but not limited to images, files, graphics, data, videos, literature, manuals and other related material

WEBSITE: Access point for Customers to use the Online Image Library as owned and operated by the Owner on the World Wide Web (“WWW”)

YOU/ YOUR: Refers to the current user of the Website and includes an Individual Customer, corporate Customer and an authorised agent or employee of a corporate Customer. A reference to an individual agent or employee of a corporate Customer includes the plural.

ACCESS

Access to this Website is conditional on Your acceptance, without alteration, of the terms and conditions set out below. By continuing to access the Website, You are agreeing to these Terms and Conditions of Use.

REVOCABLE LICENCE

  1. The Owner grants to the Customer a limited, non-exclusive revocable licence for the Customer and You to use the Materials on the Terms and Conditions of Use.
  2. A Customer’s licence may be revoked by the Owner at any time.
  3. The Customer is responsible for monitoring Your use of the Website and will be responsible for any breach of the Terms and Conditions of Use by You.

OWNERSHIP

  1. You acknowledge that You have no rights of ownership in the Material and no rights to use the Material other than under these Terms and Conditions of Use.
  2. The Owner reserves to itself all intellectual property rights (including, but not limited to, copyright) in the Material and/or services provided by it.
  3. The Owner has copyright in the Website, as a compilation including but not limited to graphics, text, deign, interfaces and code.

USE OF MATERIAL ON THE WEBSITE

  1. Any Material used by You must be reproduced in its complete form so as not to compromise the integrity of the Material.
  2. Any use of Material must be for the exclusive purpose of promoting the Owner’s products and services.
  3. You may use the Website, or the Material contained therein, for marketing purposes only.
  4. You may:
    1. Display;
    2. Electronically copy;
    3. Download; and/ or
    4. Print;
    Materials from the Website provided that You do not remove any copyright and trade mark notices from the Material.
  5. You may not modify, copy or reverse engineer:
    1. the Materials;
    2. the layout of the Website; or
    3. any computer software and code contained in the Website.
  6. Except as expressly provided above, the Material provided on the Website is provided for Customer use only and may not be re-sold and/or re-distributed in any material form without the prior written consent of the Owner.

LINKS TO OTHER WEBSITES

  1. The Website may from time to time contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
  2. In relation to other sites on the WWW, which are linked to the Website, the Owner:
    1. provides the links to other sites as a convenience to You and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
    2. is not responsible to you or the Customer for the content of material contained in those linked sites.

DISCLAIMER

  1. The Owner does not warrant, guarantee or make any representation that:
    1. the Website, or the server that makes the site available on the WWW, are free of software viruses;
    2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or
    3. errors and defects in the Website will be corrected.
  2. The Owner is not liable to You or the Customer for:
    1. errors or omissions in the Website, or linked sites on the WWW;
    2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; or
    3. defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
  3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Website.

LIMITATION OF LIABILITY

  1. The clause may not apply to You in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. In other jurisdictions, to the fullest extent permitted by law, the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
    1. If the breach of an implied warranty or condition relates to services:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again.
    2. If the breach of an implied warranty or condition relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

USE OF INFORMATION GATHERED

  1. The Owner and/or people authorised by it may gather and process information:
    1. which You may provide when accessing the Website, such as Your name, address, e-mail address and other personal information about You or the Customer; and
    2. regarding the way in which You use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

TERMINATION OF ACCESS

The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

ALTERATION OF TERMS OF ACCESS

  1. The Owner reserves the right to change these Terms and Conditions of Use:
    1. with or without further notice to You; and
    2. without giving You any explanation or justification for such change.
  2. It is Your responsibility to periodically review the Terms of Conditions of Use for any changes.
  3. Your continued use of the Website means that You accept any changes.

RELEVANT JURISDICTION

  1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  2. This Agreement will be governed by and interpreted in accordance with the law of the Queensland, without giving effect to any principles of conflicts of laws.
  3. You agree to the jurisdiction of the courts of the Queensland to determine any dispute arising out of this Agreement