For purposes of these terms and conditions, "Access Sales & Spares" shall mean Access Sales & Spares Pty Ltd.
Access Sales & Spares provides the information contained on this website and any pages comprising the website ("website") to the user subject to the terms and conditions of use set out herein ("terms and conditions"). By accessing, using and/or downloading any information from the website, the user is deemed to have accepted and agreed to the terms and conditions. If not accepted and in agreement to the terms and conditions, do not access, use or download any information from the website.
Access Sales & Spares may at any time modify the terms and conditions without notice to the user and their continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use. Accordingly, to the user should review the terms and conditions periodically as their continued access or use of the website shall be deemed to be their acceptance of the amended terms and conditions.
Whilst every effort is made to update the information contained on this website on a regular basis, Access Sales & Spares makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. Access Sales & Spares reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the website. No opinions, research information, data or content contained on the website (and whether posted by Access Sales & Spares or a third party) should be construed as advice and same are offered for information purposes only.
External links may be provided for your convenience, but they are beyond the control of Access Sales & Spares and no representation is made as to their content. Use of or reliance on any external links is at your own risk. No hypertext links may be created from any website controlled by a user (whether directly or indirectly) to the website without the express prior written permission of Access Sales & Spares.
Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the website (collectively "materials") are owned by Access Sales & Spares alternatively, Access Sales & Spares is the lawful user thereof and same are protected by Australian and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the website are the registered and unregistered trademarks of Access Sales & Spares. Nothing contained on the website should be construed as granting any licence or right to use any trademark without the prior written permission of Access Sales & Spares.
Access Sales & Spares is not responsible for any material submitted to the public areas by you (which include online chat, email or any other public area found on the website. Access Sales & Spares reserves the right to remove or ignore any material submitted or posted in the public areas, without notice, if it becomes aware and determines, in its sole and absolute discretion, that there is a possible intention to -
6.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of Access Sales & Spares, other users or any third parties;
6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
6.3 upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Access Sales & Spares’ and/or a third party's computer system and/or network;
6.4 violate any copyright, trademark, other applicable laws or intellectual property rights of Access Sales & Spares or any other third party;
6.5 submit contents containing marketing or promotional material which is intended to solicit business.
The user further agrees not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and hereby indemnify Access Sales & Spares against any loss, liability, damage or expense of whatever nature which Access Sales & Spares or any third party may suffer which is caused by or attributable to, whether directly or indirectly, use of the website.
Prices, if shown, are determined by Access Sales & Spares or are stated as the Manufacturer's Suggested Retail Price (MSRP) where applicable, and unless exclusively expressed by Access Sales & Spares, does not include government fees, taxes, freight/preparation, document preparation charges or any finance charges (if applicable). MSRP and/or final actual sales price may vary depending on options or accessories selected upon purchase.
Access Sales & Spares makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. Access Sales & Spares shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct , indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by a user or any third party, as a result of or which may be attributable, directly or indirectly, to a user’s access and/or use of the website and any information contained on the website and the user waives any and all claims which they may have against Access Sales & Spares in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by the user or their dependents as a result of or which may be attributable directly or indirectly to the aforesaid. These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Access Sales & Spares shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by the user or any third party howsoever arising in respect of their use of or reliance on the website or any information offered on or via the website.
9.1 These terms and conditions constitute the sole record of the agreement between the user and Access Sales & Spares in relation to the subject matter hereof. Neither the user nor Access Sales & Spares shall be bound by any express, or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede all commitments, undertakings or representations, whether written or oral, between the user and Access Sales & Spares in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon Access Sales & Spares unless agreed to by Access Sales & Spares. No indulgence or extension of time which Access Sales & Spares may grant to the user will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Access Sales & Spares in terms hereof, save in the event or to the extent that Access Sales & Spares has signed a written document expressly waiving or limiting such rights.
9.2 Access Sales & Spares shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to the user.
9.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.
9.4 These terms and conditions shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. The user hereby consents to exclusive jurisdiction of the Australian courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.
These terms and conditions were last updated March 2013.
Copyright © 2013 Access Sales & Spares
