Updated April
2008
TERMS AND CONDITIONS CONTENTS
- Introduction
- Information on the Website
- Trade Marks
- External Links
- Public forums and User Submissions
- Specific Use
- Warranties
- Disclaimer of Liability
- Use of the Website
- General
1. Introduction
Concept Engineering, including subsidiaries
and affiliates ("Website" or "Website Owner" or "we" or "us" or "our")
provides the information contained on this website or any
of the pages comprising the website ("website")
to visitors ("visitors") (cumulatively referred
to as "you" or "your" hereinafter) subject
to the terms and conditions set out in these website terms
and conditions, the privacy policy and any other relevant
terms and conditions, policies and notices which may be applicable
to a specific section or module of this website.
2. Information
on the Website
Whilst every effort is made to update the information
contained on this website, neither Concept Engineering
nor any third party or data or content provider make any
representations or warranties, whether express, implied
in law or residual, as to the sequence, accuracy, completeness
or reliability of information, opinions, any share price
information, research information, data and/or content
contained on the website (including but not limited to
any information which may be provided by any third party
or data or content providers) ("information")
and shall not be bound in any manner by any information
contained on the website. Concept Engineering reserves
the right at any time to change or discontinue without
notice, any aspect or feature of this website. No information
shall be construed as advice and information is offered for
information purposes only and is not intended for trading
purposes. You and your company rely on the information contained
on this website at your own risk. If you find an error or
omission at this site, please let
us know.
3. Trade Marks
The trade marks, names, logos and service
marks (collectively "trade
marks") displayed on this website are registered and
unregistered trade marks of Concept Engineering. Nothing
contained on this website should be construed as granting
any licence or right to use any trade mark without the prior
written permission of Concept Engineering.
4. External Links
External links may be provided for your
convenience, but they are beyond the control of Concept
Engineering and no representation is made as to their content.
Use or reliance on any external links and the content thereon
provided is at your own risk. When visiting external links
you must refer to that external websites terms and conditions
of use. No hypertext links shall be created from any website
controlled by you or otherwise to this website without
the express prior written permission of Concept Engineering.
Please contact
us if you would like to link to this website
or would like to request a link to your website.
5. Public
Forums and User Submissions
Concept Engineering is not responsible
for any material submitted to the public areas by you (which
include bulletin boards, hosted pages, chat rooms, or any
other public area found on the website. Any material (whether
submitted by you or any other user) is not endorsed, reviewed
or approved by Concept Engineering. Concept Engineering
reserves the right to remove any material submitted or
posted by you in the public areas, without notice to you,
if it becomes aware and determines, in its sole and absolute
discretion that you are or there is the likelihood that
you may, including but not limited to -
5.1 defame, abuse,
harass, stalk, threaten or otherwise violate the rights
of other users or any third parties;
5.2 publish, post,
distribute or disseminate any defamatory, obscene, indecent
or unlawful material or information;
5.3 post or upload
files that contain viruses, corrupted files or any other
similar software or programmes that may damage the operation
of Concept Engineering's and/or a third party's computer
system and/or network;
5.4 violate any copyright, trade
mark, other applicable Australian or international laws
or intellectual property rights of Concept Engineering
or any other third party;
5.5 submit contents containing
marketing or promotional material which is intended to
solicit business.
6. Specific Use
You further agree 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 violates any applicable
law and you hereby indemnify Concept Engineering against
any loss, liability, damage or expense of whatever nature
which Concept Engineering or any third party may suffer
which is caused by or attributable to, whether directly
or indirectly, your use of the website to send or post
any such message or material.
7. Warranties
Concept Engineering makes no warranties,
representations, statements or guarantees (whether express,
implied in law or residual) regarding the website, the
information contained on the website, your or your company's
personal information or material and information transmitted
over our system.
8. Disclaimer of Liability
Concept Engineering 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 you or any third party
(including your company), as a result of or which may be
attributable, directly or indirectly, to your access and
use of the website, any information contained on the website,
your or your company's personal information or material
and information transmitted over our system. In particular,
neither Concept Engineering nor any third party or data or
content provider shall be liable in any way to you or to
any other person, firm or corporation whatsoever for any
loss, liability, damage (whether direct or consequential),
personal injury or expense of any nature whatsoever arising
from any delays, inaccuracies, errors in, or omission of
any share price information or the transmission thereof,
or for any actions taken in reliance thereon or occasioned
thereby or by reason of non-performance or interruption,
or termination thereof.
9. Use of the Website
Concept Engineering does not make
any warranty or representation that information on the
website is appropriate for use in any jurisdiction (other
than Australia ). By accessing the website, you warrant
and represent to Concept Engineering that you are legally
entitled to do so and to make use of information made available
via the website.
10. General
10.1 Entire Agreement
These website terms and conditions
constitute the sole record of the agreement between you
and Concept Engineering in relation to your use of the
website. Neither you nor Concept Engineering shall be bound
by any express tacit or implied representation, warranty,
promise or the like not recorded herein. Unless otherwise
specifically stated these website terms and conditions
supersede and replace all prior commitments, undertakings
or representations, whether written or oral, between you
and Concept Engineering in respect of your use of the website.
10.2 Alteration
Concept Engineering may at any time modify any relevant
terms and conditions, policies or notices. You acknowledge
that by visiting the website from time to time, you shall
become bound to the current version of the relevant terms
and conditions (the "current version") and, unless
stated in the current version, all previous versions shall
be superseded by the current version. You shall be responsible
for reviewing the then current version each time you visit
the website.
10.3 Conflict
Where any conflict or contradiction appears between the
provisions of these website terms and conditions and
any other relevant terms and conditions, policies or
notices, the other relevant terms and conditions, policies
or notices which relate specifically to a particular
section or module of the website shall prevail in respect
of your use of the relevant section or module of the
website.
10.4 Waiver
No indulgence or extension of time which either you or
Concept Engineering may grant to the other will constitute
a waiver of or limit any of the existing or future rights
of the grantor in terms hereof, save in the event or to
the extent that the grantor has signed a written document
expressly waiving or limiting such rights.
10.5 Cession
Concept Engineering shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms
of any relevant terms and conditions, policies and notices
to any third party.
10.6 Severability
All provisions of any relevant terms and conditions, policies
and notices are, notwithstanding the manner in which they
have been grouped together or linked grammatically, severable
from each other. Any provision of any relevant terms and
conditions, policies and notices, 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 treated as pro non scripto and
the remaining provisions of any relevant terms and conditions,
policies and notices shall remain in full force and effect.
10.7
Applicable laws
Any relevant terms and conditions, policies and notices
shall be governed by and construed in accordance with the
laws of Australia without giving effect to any principles
of conflict of law. You hereby consent to the exclusive
jurisdiction of the High Court of Australia in respect
of any disputes arising in connection with the website,
or any relevant terms and conditions, policies and notices
or any matter related to or in connection therewith.
10.8
Comments or Questions
If you have any questions, comments or concerns arising
from the website, the privacy policy or any other relevant
terms and conditions, policies and notices or the way in
which we are handling your personal information please
contact
us.
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