TERMS OF USE

 

Website

This website is operated for and on behalf Antsig.

Any person, firm, company, government body or other entity who accesses or uses this website is referred to as “you” or “Customer”.

Terms of Use

By you using this website you acknowledge and agree that you have read and understood these Terms of Use for the use of this website and that these Terms of Use apply exclusively to your accessing and using this website.

These Terms of Use may be varied by Antsig from time to time by Antsig amending these Terms of Use as they appear on this website or by notice in writing to you.

By you using this website after these Terms of Use have been varied as aforesaid, you agree that the these Terms of Use as so varied will apply exclusively to your accessing and using this website after any such variation.

Priority

To the extent of any inconsistency between these Terms of Use and  this website, these Terms of Use will prevail over this website.

Errors 

You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed with incorrect information due to errors, corruption or like events.

Intellectual Property

The material on this website is copyright and is either owned or licensed by Antsig. Other than for the purposes of, and subject to the conditions prescribed under the, Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

(a)               adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b)               commercialise any information, products or services obtained from any part of this website,without the prior written consent of Antsig.

You are not permitted to use the trade marks, designs or other intellectual property rights of Antsig without the prior written consent of Antsig.

Restricted Use

Except as expressly prescribed in these Terms of Use or as otherwise authorised by Antsig in writing, the Customer is provided with access to this website for the personal use of the Customer, and the Customer may not pass on or otherwise disclose any of the information contained on this website to any other person or trading entity.You must not attempt to change, remove, deface, hack or otherwise interfere with this website or any material on this website.

Without limiting the foregoing, the Customer is authorised to print hard copy portions of this website for the Customer’s own internal records and solely in connection with Antsig products purchased or proposed to be purchased by the Customer.

Warnings

You must take your own precautions to ensure that your use of this website does not expose you to risk of viruses or other forms of interference which may damage your computer system.

Antsig does not warrant the accuracy, adequacy or completeness of information contained on this website, nor does Antsig undertake to keep this website updated. Antsig does not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this website.

You acknowledge that there is risk of unauthorized access to or alteration of your transmission of data or information using this website.

Antsig does not accept responsibility or liability for any of the foregoing.

Linked Web Sites

This website may contain links to other websites.

Those links are provided for convenience only, and Antsig does not endorse or make any representations or warranties about those websites. The use of such websites is at the Customer’s own risk in all things.

Cookies and Privacy Policy

This website uses software known as ‘cookies’ to record your visit to the website and collect information which may be used to administer and improve our website. Information we may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the website, pages accessed and documents downloaded, whether you have visited the website before and the type of browser software in use.

You may set your web browser to disable cookies when visiting our website. However, some website functions may be unavailable if you choose to do so.

Collection of information which is personal information is subject to our Privacy Policy.  The Antsig Privacy Policy can be accessed from this website.

Indemnity

The Customer agrees to indemnify and keep Antsig fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which Antsig may suffer or incur arising in any way in connection with the Customer’s use of this website or a breach by the Customer of these Terms of Use.

Disclaimer

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

 

To the maximum extent permitted by law and subject to the following paragraph of this Clause 11, the Customer agrees that Antsig has no liability, and will not be liable, to the Customer or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) the Customer or any other person may suffer or incur (whether by the negligence or fault of Antsig or otherwise, except where Antsig has purposefully acted in bad faith) arising in any way in connection with the use of this website by the Customer.

 

If rights are conferred upon the Customer or obligations are imposed upon Antsig by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 11 shall be read subject to those rights or obligations, and to the extent permitted by such legislation Antsig hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

 

Subject to the preceding paragraph of this Clause 11, the Customer agrees that the liability of Antsig (which cannot be limited beyond the following provisions) is limited to:

 

(a)               in the case of the supply of goods by Antsig, any 1 or more of the following (at Antsig’s option):

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; or

(b)               in the case of the supply of services by Antsig, any 1 or more of the following (at Antsig ’s option):

  •   the supply of the services again; or
  •   the payment of the costs of having the services supplied again.

Without reducing the effect of, and subject always to, the preceding provisions of this Clause 11, Antsig ’s total aggregate liability (if any) to a Customer arising in any way in connection with the use of this website will not, in any event, exceed the amount invoiced by Antsig to the Customer in connection with the use of this website by the Customer pursuant to which any such liability of Antsig to the Customer arises.

For the sake of clarification, nothing in the preceding provisions of this Clause 11 is to be construed as Antsig having any actual or deemed liability to the Customer or any other person as a result of or in any way arising out of or in connection with the use of this website.

Miscellaneous

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

The failure of Antsig to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect Antsig ’s right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use and any contract entered into between Antsig and the Customer shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by Antsig against the Customer in any other jurisdiction.

Antsig” means Arlec Australia Pty. Ltd. ACN 009 322 105 as trustee of the Arlec Unit Trust.