These Terms and Conditions of Use (the “Terms & Conditions”) apply to the Verosol Australia Pty Ltd (Verosol) website located at www.verosol.com.au (the “Website”) and all associated websites linked to the Website.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Verosol, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Verosol does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Verosol and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
Except as expressly provided in these Terms & Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Verosol’s express prior written consent.
Verosol and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Verosol does not accept responsibility for any liability in respect of access to other content through the use of this Website.
2. Use of the Website
While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Verosol reserves its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of Verosol, including any Verosol account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Verosol’s systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Verosol on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Verosol or others.
Verosol does not guarantee that your use of this Website will be confidential. Verosol is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.
5. Links to other websites and to Verosol Website
This Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Verosol’s control, and Verosol is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Verosol notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
Verosol is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Verosol requests that you promptly report to it any unauthorised use of the password.
The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions can exclude or restrict the application of such laws but, to the extent that it can under these laws, Verosol does not give any guarantee or warranties or make any representation of any kind, express or implied. Subject to claims available under consumer protection laws, Verosol is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with our products.
For any claims relating to a product that cannot be excluded or restricted under consumer protection laws:
(a) you will be entitled to a full refund or replacement if there is a major failure by Verosol or our suppliers to comply with the consumer guarantees under the Australian consumer laws; and
(b) for minor failures by Verosol to comply with the consumer guarantees under these laws, the liability of Verosol for any applicable claim will (at Verosol’s discretion and to the maximum extent permitted by law) be limited to:
(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.
Verosol reserves the right to do the following, at any time, without notice:
You must indemnify and hold harmless Verosol or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) any breach by you of these Terms & Conditions; or
b) reliance by you on any information obtained through the Website.
9. Applicable Law
The Website (excluding any linked third party Websites) is controlled by Verosol. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales. In accordance with the laws in force in New South Wales (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout Australia and overseas, Verosol does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.