SITE USER AGREEMENT
Effective March 2018
This is an important document which sets out the terms and conditions upon which Fleet Trades Pty Ltd (ABN 85 095 633 613) offers you access to our website.This website is owned by Fleet Trades Pty Ltd (“Fleet Trades”, “Owner”, “us”, “our”, “we”). The terms “you”, ”your” ,”User” refers to anyone accessing or using the Site.
Eligibility for on-line purchases
Errors and Omissions
Every effort is made to ensure information contained on the Site is accurate, up-to-date and complete, however Fleet Trades makes no representation or warranty as to the nature of the Site Content. Fleet Trades will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and to take steps to repair technical issues that arise from within the Site within a reasonable time, in so far as the issues are of a global nature, and do not arise from individual use.
Images displayed on the Site are provided as a guide only. Product colours may appear differently due to the resolution of the User’s monitor, computer or device or lighting variations.
Intellectual Property Rights.
Fleet Trades retains all ownership rights over all intellectual property (registered or unregistered) available on this site, and its content including, but not limited to, images, audio-visual effects, themes, logos, written content, and ownership extends to moral rights.
License to You
This Site and its content is provided to you by Fleet Trades through this license. Fleet Trades retains all ownership and proprietary rights in the Site and its content and grants you the non-exclusive, non-transferable, limited right to use the Site to review, purchase and inquire about our products and services. Fleet Trades has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved byFleetTradesand, as applicable, its licensors.
This limited license excludes the right to:
- frame or utilize framing techniques to enclose the Site or any portion of the Site;
- republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
- make any use of the Site or any and/or all Site Content other than for the use described;
- modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
- collect information for the benefit of yourself or another party;
- use any meta tags or any other hidden text utilizing any and/or all Site Content;
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
- download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it;
- the use of technology or other means that is not authorised by Fleet Tradesto access the Site including without limitation, "robots," "spiders," or "offline readers," to access the Site;
- attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
- gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or;
- attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
Linking to the Site
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by Fleet Trades.
This Site is provided “as is” without any representations or warranties, express or implied. Fleet Trades does not warrant that the functional aspects of the Site, its content or the server are free of viruses or other harmful components. To the extent provided by law, Fleet Tradesdoes not guarantee against third party interference with your use of the Site. Fleet Trades does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third-party software or hardware. Fleet Trades is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond Fleet Tradesreasonable control.
Limitations of liability
Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law. To the extent permitted by law, Fleet Trades shall not be liable for (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Site, our website and/or mobile application ; (d) damages relating to your access to, use of, or inability to access the Site, including but not limited to any misappropriation and/or misuse of your content and/or other information by any third party; and/or (e) damages in any manner relating to any Site content.
You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site in breach of this Agreement.
Breaches of this Agreement
Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
This Agreement (and any further rules, polices, or guidelines incorporated by reference) will be governed by and construed in accordance with Victorian law, and any disputes arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.