ACCOUNT
SECTION - TERMS & CONDITIONS
SWITCHBANKS AUSTRALIA
PAYMENT
TERMS WILL BE UPDATED IN THE NEAR
FUTURE
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this
site agree that access to and
use of this site are subject to
the following terms and conditions
and other applicable law. If you
do not agree to these terms and
conditions, please do not use
this site.
Copyright
The entire content included in
this site, including but not limited
to text, graphics or code is copyrighted
as a collective work under the
Australian and United States copyright
laws, and is the property of the
SWITCHBANKS (FIRELINE GROUP PTY
LTD). The collective work includes
works that are licensed to FIRELINE
GROUP PTY LTD. Copyright 2007,
SWITCHBANKS PTY LTD ALL RIGHTS
RESERVED. Permission is granted
to electronically copy and print
hard copy portions of this site
for the sole purpose of placing
an order with FIRELINE GROUP PTY
LTD or purchasing FIRELINE GROUP
PTY LTD products. You may display
and, subject to any expressly
stated restrictions or limitations
relating to specific material,
download or print portions of
the material from the different
areas of the site solely for your
own non-commercial use, or to
place an order with FIRELINE GROUP
PTY LTD or to purchase SWITCHBANKS
products. Any other use, including
but not limited to the reproduction,
distribution, display or transmission
of the content of this site is
strictly prohibited, unless authorised
by FIRELINE GROUP PTY LTD. You
further agree not to change or
delete any proprietary notices
from materials downloaded from
the site.
Trademarks
All trademarks, service marks
and trade names of FIRELINE GROUP
PTY LTD used in the site are trademarks
or registered trademarks of FIRELINE
GROUP PTY LTD.
Warranty
Disclaimer
This site and the materials and
products on this site are provided
"as is" and without
warranties of any kind, whether
express or implied. To the fullest
extent permissible pursuant to
applicable law, FIRELINE GROUP
PTY LTD disclaims all warranties,
express or implied, including,
but not limited to, implied warranties
of merchantability and fitness
for a particular purpose and non-infringement.
FIRELINE GROUP PTY LTD does not
represent or warrant that the
functions contained in the site
will be uninterrupted or error-free,
that the defects will be corrected,
or that this site or the server
that makes the site available
are free of viruses or other harmful
components. FIRELINE GROUP PTY
LTD does not make any warrantees
or representations regarding the
use of the materials in this site
in terms of their correctness,
accuracy, adequacy, usefulness,
timeliness, reliability or otherwise.
Some states do not permit limitations
or exclusions on warranties, so
the above limitations may not
apply to you.
Limitation
of Liability
FIRELINE GROUP PTY LTD shall not
be liable for any special or consequential
damages that result from the use
of, or the inability to use, the
materials on this site or the
performance of the products, even
if FIRELINE GROUP PTY LTD has
been advised of the possibility
of such damages. Applicable law
may not allow the limitation of
exclusion of liability or incidental
or consequential damages, so the
above limitation or exclusion
may not apply to you.
Typographical
Errors
In the event that a FIRELINE GROUP
PTY LTD product is mistakenly
listed at an incorrect price,
FIRELINE GROUP PTY LTD reserves
the right to refuse or cancel
any orders placed for product
listed at the incorrect price.
FIRELINE GROUP PTY LTD reserves
the right to refuse or cancel
any such orders whether or not
the order has been confirmed and
your credit card charged. If your
credit card has already been charged
for the purchase and your order
is cancelled, FIRELINE GROUP PTY
LTD shall issue a credit to your
credit card account in the amount
of the incorrect price.
Term;
Termination
These terms and conditions are
applicable to you upon your accessing
the site and/or completing the
registration or shopping process.
These terms and conditions, or
any part of them, may be terminated
by FIRELINE GROUP PTY LTD without
notice at any time, for any reason.
The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation
of Liability, Indemnification
and Miscellaneous, shall survive
any termination.
Notice
FIRELINE GROUP PTY LTD may deliver
notice to you by means of e-mail,
a general notice on the site,
or by other reliable method to
the address you have provided
to FIRELINE GROUP PTY LTD.
Miscellaneous
Your use of this site shall be
governed in all respects by the
laws of AUSTRALIA, U.S.A., without
regard to choice of law provisions,
and not by the 1980 U.N. Convention
on contracts for the international
sale of goods. You agree that
jurisdiction over and venue in
any legal proceeding directly
or indirectly arising out of or
relating to this site (including
but not limited to the purchase
of FIRELINE GROUP PTY LTD products)
shall be in the state or federal
courts located in King County,
Washington. Any cause of action
or claim you may have with respect
to the site (including but not
limited to the purchase of FIRELINE
GROUP PTY LTD products) must be
commenced within one (1) year
after the claim or cause of action
arises. FIRELINE GROUP PTY LTD's
failure to insist upon or enforce
strict performance of any provision
of these terms and conditions
shall not be construed as a waiver
of any provision or right. Neither
the course of conduct between
the parties nor trade practice
shall act to modify any of these
terms and conditions. FIRELINE
GROUP PTY LTD may assign its rights
and duties under this Agreement
to any party at any time without
notice to you.
Use
of Site
Harassment in any manner or form
on the site, including via e-mail,
chat, or by use of obscene or
abusive language, is strictly
forbidden. Impersonation of others,
including a FIRELINE GROUP PTY
LTD or other licensed employee,
host, or representative, as well
as other members or visitors on
the site is prohibited. You may
not upload to, distribute, or
otherwise publish through the
site any content which is libelous,
defamatory, obscene, threatening,
invasive of privacy or publicity
rights, abusive, illegal, or otherwise
objectionable which may constitute
or encourage a criminal offense,
violate the rights of any party
or which may otherwise give rise
to liability or violate any law.
You may not upload commercial
content on the site or use the
site to solicit others to join
or become members of any other
commercial online service or other
organisation.
Participation
Disclaimer
FIRELINE GROUP PTY LTD does not
and cannot review all communications
and materials posted to or created
by users accessing the site, and
is not in any manner responsible
for the content of these communications
and materials. You acknowledge
that by providing you with the
ability to view and distribute
user-generated content on the
site, FIRELINE GROUP PTY LTD is
merely acting as a passive conduit
for such distribution and is not
undertaking any obligation or
liability relating to any contents
or activities on the site. However,
FIRELINE GROUP PTY LTD reserves
the right to block or remove communications
or materials that it determines
to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation
of a copyright, trademark or;
other intellectual property right
of another or (d) offensive or
otherwise unacceptable to FIRELINE
GROUP PTY LTD in its sole discretion.
Indemnification
You agree to indemnify, defend,
and hold harmless FIRELINE GROUP
PTY LTD, its officers, directors,
employees, agents, licensors and
suppliers (collectively the "Service
Providers") from and against
all losses, expenses, damages
and costs, including reasonable
attorneys' fees, resulting from
any violation of these terms and
conditions or any activity related
to your account (including negligent
or wrongful conduct) by you or
any other person accessing the
site using your Internet account.
Third-Party
Links
In an attempt to provide increased
value to our visitors, FIRELINE
GROUP PTY LTD may link to sites
operated by third parties. However,
even if the third party is affiliated
with FIRELINE GROUP PTY LTD, FIRELINE
GROUP PTY LTD has no control over
these linked sites, all of which
have separate privacy and data
collection practices, independent
of FIRELINE GROUP PTY LTD. These
linked sites are only for your
convenience and therefore you
access them at your own risk.
Nonetheless, FIRELINE GROUP PTY
LTD seeks to protect the integrity
of its web site and the links
placed upon it and therefore requests
any feedback on not only its own
site, but for sites it links to
as well (including if a specific
link does not work).
