This Terms of Use applies to the websites which are operated by or on behalf of Austroads Ltd (ACN 136 812 390) (“Austroads”) under the domain name austroads.com.au (“Websites”).
Your use of the services, information, text, graphics, materials and other content (“Material”) on the Websites is governed by these Terms of Use. By using the Websites you agree to be bound by these Website Terms of Use.
In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of the Websites. Because those specific and additional provisions also apply to your use of those sections, Austroads recommends that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.
Copyright in the Material on the Websites is owned or licensed by Austroads.
Except where necessary for and incidental to viewing the Material on the Websites via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on the Websites may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Austroads.
Use of the Websites
You agree that you will not:
- Disrupt or interfere with the Websites, or any services, system resources, accounts, servers or networks connected to or accessible through the Websites or websites owned or operated by third parties independent of Austroads that are linked to from the Websites (“Linked Websites”).
- Disrupt or interfere with any other user's enjoyment of any of the Websites or Linked Websites.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any of the Websites.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Websites or any transaction or process being conducted on or through it.
- Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Websites, or any of the content contained within, without Austroads’ prior written permission.
- Use any of the Websites to breach any applicable laws or regulations.
- Copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from the Websites without Austroads’ prior written permission.
- Use any of the Material on the Websites for commercial purposes without Austroads’ prior written permission.
NOTE: We may issue individuals or organisations with a password that permits access to certain parts of these Websites. Individuals or organisations who have been issued passwords are solely responsible for any use of the Websites through such access, whether authorised or not.
Ordering products
Content relating to products available for ordering may be based on information provided by third parties such as the suppliers of those products. While we aim to ensure that information is kept current and correct, there may be some instances where products ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.
By placing any order for products in the manner described on the Websites, you make an offer to purchase the products for the price specified on the relevant Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the products, an error in the price or the products description posted on the relevant Website, or an error in your Offer.
Prices for products displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the products that are displayed on the relevant Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. If an item you have ordered is out of stock, we will place that item on backorder until it becomes available
Title to products ordered shall pass to you on the physical delivery of the products to the address identified by you in your order. Risk of loss or damage to the products shall pass to you when the products are passed from us to our delivery provider for delivery to you. Any delivery period stated on the relevant Website is an indication only of the anticipated period for delivery of the products, and does not form part of the agreement for sale of the products.
Links
Austroads does not sponsor, endorse or approve of the operators of Linked Websites, or Material on Linked Websites.
Subject to any applicable law which cannot be excluded, Austroads makes no warranties or representations:
Regarding the quality, accuracy, merchantability or fitness for purpose of Material on Linked Websites, or products or services available through Linked Websites.
That Material on Linked Websites does not infringe the intellectual property rights of any person. Austroads is not authorising the reproduction of Material on Linked Websites by linking Material on any of the Websites to Material on Linked Websites.
Please note that Material on Linked Websites may be displayed in your browser framed by Material on the Websites.
You must not link to any of the Websites without the specific written consent of Austroads. Please contact us if you wish to link to any of the Websites.
Warranties
While reasonable steps have been undertaken to ensure that information is free from error, Austroads does not warrant the accuracy, adequacy or completeness of Material on the Websites. All information is subject to change without notice. Austroads does not guarantee that the Websites or Linked Websites will be free from viruses, or that access to the Websites or Linked Websites will function as intended or be uninterrupted. In respect of the Website and products available through the Websites, all terms implied by law except those that can not be lawfully excluded, are excluded
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Austroads, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on the Websites or Linked Websites, third party services, products available through the Websites, or to access of the Websites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
Indemnity
You indemnify Austroads in respect of any liability incurred by Austroads for any loss or damage, howsoever caused, suffered by Austroads as a result of your breach of these Website Terms of Use, or your use of the Websites.
Termination
These Terms of Use and your access to the Websites may be terminated at any time by either party without notice to the other. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of Austroads, will survive any termination. Upon termination, you must not directly or indirectly access or use the Websites or any Material on the Websites.
Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of any of the Websites indicates your acceptance of these Terms of Use.
Unless specified otherwise on the Websites, the Terms of Use currently accessible from the Websites are the current Terms of Use. They replace any other terms of use for the Websites published on the Websites to date. Austroads may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Websites, by publishing the varied Terms of Use on the Websites. Austroads will indicate on the Websites that these terms of use have changed, however, Austroads is under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, Austroads has provided you with sufficient notice of the variation. By your use of any of the Websites after any variation, you are taken to have accepted the new Terms of Use.
General
The law applicable to the Websites and to disputes arising out of the Websites is the law of the State of New South Wales, Australia.
Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.