You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
4.1 General information only
The Website and all information made available on it is provided for general information purposes only. It does not constitute technical advice, professional advice, installation advice, product suitability advice or a recommendation to purchase any particular product.
4.2 No product performance representations
Without limiting clause 10, we do not make any representations or warranties in relation to the performance, characteristics, durability, compatibility or suitability of any products referred to or displayed on the Website, except to the extent expressly required by law.
4.3 Product documentation prevails
Products available for purchase may be subject to separate manuals, technical specifications, installation instructions, warranties and terms and conditions issued by the manufacturer or supplier.
You acknowledge and agree that you must review and rely on those documents when assessing, installing or using a product, and not on information contained on the Website.
4.4 Images and descriptions
Images, photographs, diagrams, specifications and descriptions of products on the Website are for illustrative and general information purposes only. Actual products may vary in appearance, configuration or specifications.
4.5 Warranties
Any warranties applicable to a product are provided in accordance with the warranty documentation supplied with that product or otherwise made available by the manufacturer or supplier. The Website itself does not provide any additional warranties in relation to products.
4.6 ACCURACY AND AVAILABILITY
While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Website may have errors or defects;
- the Website may not be accessible at times;
- messages sent through the Website may not be delivered promptly, or delivered at all;
- information you receive or supply through the Website may not be secure or confidential; or
- any information provided through the Website may not be accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
We make no warranties or representations about this Website or any of its content (including any information about products). To the maximum extent permitted by law, we are not liable for any direct, indirect or consequential loss arising in connection with your use of, or reliance on, the Website.
11.1 Governing law and jurisdiction
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
11.2 Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
11.3 Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
11.4 Assignment
We may assign or transfer our rights under these Terms as part of a sale or restructure of our business.
11.5 Interpretation
In these Terms:
- words in the singular include the plural and vice versa;
- a reference to a person includes an individual, company, partnership, trust or other legal entity;
- headings are for convenience only and do not affect interpretation; and
- “including” and similar words are not words of limitation.