TERMS AND CONDITIONS

These terms and conditions were last updated on 22 July 2011.

The website is owned by Lincom Pacific Equipment Pty Limited ACN 090 881 511 (“Lincom Group”). These terms and conditions and our privacy statement govern your use of our website and your legal relationship with Lincom Group. Our privacy statement forms part of these terms and conditions.

These terms and conditions may be changed by the Lincom Group without notice to you. By browsing the website, you are accepting the current terms and conditions. It is your responsibility to check these terms and conditions each time you access the website.

Using the Lincom Group Website

You agree not to use the website to:

(a) breach any laws, codes, standards, and content requirements of any relevant authority;

(b) obtain unauthorised access to any information, network or systems;

(d) place any viruses or other similar programs onto the website.

WEBSITE DISCLAIMER

No warranties

This website is provided “as is” without any representations or warranties, express or implied unless such warranties are legally incapable of exclusion. Lincom Group makes no representations or warranties in relation to this website or the information and materials provided on this website and you expressly agree that your use of the website including any content you may obtain through or on the website or any part of it is at your sole risk.

Without prejudice to the generality of the foregoing paragraph, Lincom Group does not warrant that:

this website will be constantly available, or available at all, or free of fault; or
the information on this website is complete, true, accurate, current or non-misleading.

It is your responsibility to make enquiries with us to ensure that any material or information on which you seek to rely is accurate and current. Nothing on this website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether the website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

Lincom Group will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (including without limitation arising from the use of the website, any inability to access the website or any part of it or a linked website):

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Lincom Group has been expressly advised of the potential loss.

Where such liability cannot be excluded, our liability to you is strictly limited, at our discretion, to the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Lincom Group's liability in respect of any:

death or personal injury caused by Lincom Group's negligence;
fraud or fraudulent misrepresentation on the part of Lincom Group; or
matter which it would be illegal or unlawful for Lincom Group to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Linking to this website

Linking to this website is only allowed if a written consent is obtained from Lincom Group.

Linking to third party websites

Lincom Group may from time to time provide a number of links to other websites. Lincom Group does not make any representations or warranties in respect of any website accessed through this website or affiliated websites. Links are provided for information only and Lincom Group in no way guarantees the reputation and security of the "linked website". In addition, Lincom Group does not endorse and is not responsible for any opinions displayed in websites linked to or linked from the website or affiliated websites. Lincom Group is not liable to any party for any direct or indirect loss or damages, arising in connection with a “linked website”, including but not limited to loss of data, business interruptions, loss of profits, and loss of vital computer system. We encourage you to view the terms and conditions and privacy policy of any “linked website”.

Other parties

You accept that, as a limited liability entity, Lincom Group has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Lincom Group's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Lincom Group's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Lincom Group.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

GENERAL

Acceptance

By using the website, you agree to these terms and conditions, and you agree that they are reasonable. If you do not agree to the terms and conditions or do not think they are reasonable, you cannot use the website.

Applicable laws

These terms and conditions, your use of the website and Lincom Group are subject to laws applicable in Queensland, Australia (including federal and state legislation). The laws in your country may be different to Australian laws, but the laws in Australia are the governing laws of your use of this website. You agree that any litigation in relation to Lincom Group will only be conducted in the courts of Queensland, Australia.

These terms and conditions

These terms and conditions were created using contractology.com templates that are distributed by freenetlaw.com.