- Agreement between user and Machines4u.com.au
- Removal of Material and cancellation of Access to the Site
- Rights Clearances
- Competitions and Special Offers
- Intellectual Property
The information on this site is copyright Machines4u.com.au. Reproduction in whole or in part or any text, photograph or illustration without the written permission of the publisher is strictly prohibited.
The websites of Machines4u.com.au include www.Machines4u.com.au, www.Machines4u.com, and www.Machines4u.co.nz.
These websites are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
1.1 Subject to what is said below material from the Site may be downloaded, viewed, printed, and copied on the hard disk of your computer for your own personal, non-commercial purposes as a personal information resource in good faith only. Any other type of use requires the prior written agreement of Machines4u.com.au.
1.2 You agree that you will not use the Site:
(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(b) In any way which is abusive, defamatory or obscene or which will harass distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
(c) For the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or commercial exploitation;
(d) For the posting, uploading, emailing or any other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
(e) To create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
(f) To transmit or re-circulate any material obtained from the Site to any third party;
(g) In such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
(h) In any way that might bring Machines4u.com.au into disrepute.
1.3 Machines4u.com.au may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
1.4 You hereby grant Machines4u.com.au a non-exclusive, royalty-free, perpetual and worldwide license to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.
1.5 You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Machines4u.com.au or to the Site.
1.6 You hereby agree that you are aged 18 years or over when making online payments with a credit card and that you have the specific authorization of the Card Holder.
2.1 You agree to provide true, accurate, current and complete information about yourself as requested by Machines4u.com.au in the registration or subscription form (“the Registration Information”).
2.2 You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
2.3 These terms shall apply in relation to your use of the Newsletters and the Publications in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, Clauses 1.1 and 1.2 above and Clauses 4 and 5 below shall also apply as if the words “the Site” were replaced by “the Newsletters and the Publications”.
2.4 In order to place an advertisement for machinery, equipment or other items you must:
a. be 18 years old or over;
b. be a or non commercial machinery advertiser. You will be deemed a commercial machinery advertiser if you are selling or offering to sell machinery or equipment on behalf of the owner or are a machinery trader or supplier as defined as follows: You buy, sell or exchange, or offer to buy, sell or exchange, 6 or more articles of machinery in any period of 12 months
c. complete and submit the online application process and pay the appropriate advertising fee.
2.5 The DirectConnect phone system delivering sales leads will record all calls. To comply with General Employment laws you are required to notify your staff that these incoming phone calls may be monitored and recorded. If you do not wish your calls to be recorded you must request your account manager to remove DirectConnect from your account.
Please note that the federal Telecommunications (Interception and Access) Act 1979 (“TIA”) contains a prohibition on the interception of calls. If a telephone call is to be monitored or recorded, all parties to the conversation must have actual knowledge that the monitoring/ recording is taking place. However, the TIA does not require the parties to the conversation to consent to the monitoring/ recording activities.
The Office of the Australian Information Commissioner (“OAIC”) instructs organisations that record incoming calls to notify each caller, at the beginning of the conversation, that their call will be recorded. DirectConnect fulfils this obligation to incoming callers.
Callers who do not wish their call to be recorded should have the chance either:
– to end the call before recording commences; or
– to ask to be transferred to another line where recording does not takeplace (if such secondary line is available eg mobile or alternate landline).
The OAIC recognises that organisations may monitor or record conversations
for the following reasons:
– to protect consumers in their dealings with the organisation;
– to provide a record in the event of a dispute about the transaction;
– to improve customer service, for example, via the monitoring, training or coaching of staff who handle telephone calls.
For information, the www.commsalliance.com.au Communications
Alliance Ltd has prepared the following Guideline to provide assistance in the practical application of the legislation covering listening and recording of communications: G516:2004 – Participant Monitoring of Voice Communications.
3.1 Machines4u.com.au shall have the right to refuse to provide you with Newsletters and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Machines4u.com.au shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Machines4u.com.au or its employees) arising from Machines4u.com.au’s refusal to provide you with Newsletters or your inability to access any of the pages on the Site. Machines4u.com.au may refuse to publish, withdraw or terminate your Advertisement if:
i. Machines4u.com.au determines, in its absolute opinion without notice, You are a machinery or equipment dealer, supplier or trader or otherwise not entitled to place an Advertisement;
ii. You breach the Terms & Conditions of Machines4u.com.au
3.2 Machines4u.com.au shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Machines4u.com.au shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Machines4u.com.au or its employees) arising from the removal of such material.
The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licenses or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Machines4u.com.au which arise as a result of your failure to obtain such licenses and permissions.
5.1 The information provided on or in the Site is intended for informational purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Machines4u.com.au and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
5.2 Machines4u.com.au cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Machines4u.com.au possible, all liability and responsibility for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
5.3 Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Machines4u.com.au and for ensuring that such content complies with all relevant legislation. Machines4u.com.au accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
5.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Machines4u.com.au is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
5.5 Save unless otherwise stated, Machines4u.com.au makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Site, whether accessed directly or otherwise.
6.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Machines4u.com.au is not responsible for the content of these Internet sites.
6.2 No links from external websites to the Site are permitted without the prior written consent of Machines4u.com.au.
Machines4u.com.au may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.
8.1 Whilst effort has been taken to ensure that the pages of the Site and the Newsletters are free from viruses, Machines4u.com.au give no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
8.2 Machines4u.com.au excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Machines4u.com.au or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
a) The pages on the Site or any other Internet sites;
b) Any material downloaded from the Site or any other Internet sites;
c) Any Newsletter; or
d) Any Publication.
The names, images and logos identifying Machines4u.com.au or third parties and their products and services, are the proprietary marks of Machines4u.com.au, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Machines4u.com.au reserves all rights to enforce such rights that it might have.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of Australia.
TERMS AND CONDITIONS OF CREDIT LIMITS:
- In applying a credit limit with Machines4u, I/we (the Customer) acknowledge that any credit (the credit facility) granted following this application will be subject to the terms and conditions stated below or as subsequently varied by Machines4u at its discretion and notified to the Customer. The Customer further acknowledges and agrees that, if the Customer is granted credit facilities in respect listing upgrade and management services, when applying the terms and conditions each is to be treated as a separate credit facility.
- Payment terms are “Net 30 Days”, payment being due within 30 days from the date of invoice.
- Any credit limit requested by the Customer will be billed immediately when exceeded, otherwise cleared monthly.
- Machines4u periodically reviews its credit limits. The Customer agrees that Machines4u may review and revise the Customer’s credit limit at any time. Machines4u may increase or reduce the Customer’s credit limit at the Customer’s request. Machines4u may also reduce the Customer’s credit limit without request, but Machines4u will not reduce the Customer’s credit limit below the outstanding balance on the account at the time of the reduction without prior communication with the Customer.
- Machines4u reserves the right to pursue collection of outstanding amounts. Related costs including but not limited to external collection agent fees, legal and court costs may be added to the outstanding amount owed under the credit facility.
- The Customer indemnifies and holds harmless Machines4u and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these terms and conditions by the Customer or any negligent act or omission by the Customer and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.
- In the event of a dispute regarding an outstanding amount:
- the Customer agrees that the dispute will be dealt with as follows:
- The Customer will give Machines4u a written notice setting out the amount and full particulars of the dispute, including the reasons the Customer disputes the amount, and the contact details of a nominated representative with authority to settle the dispute on behalf of the Customer;
- the Customer’s representative and Machines4u will try to settle the dispute by direct negotiation between them;
- the parties will attempt to achieve a speedy resolution; and
- if the parties have been unable to settle the dispute within 28 days either party may commence legal proceedings
- the Customer will remain liable for the amount and full payment of all invoices are required by the due date (unless Machines4u otherwise consents in writing); and this clause does not apply to:
- legal proceedings by either party seeking urgent interlocutory relief; or
- any action by Machines4u under clauses 8 to 15.
- Except as required by law, Machines4u will only use or disclose the Customer’s personal information as necessary for the assessment and administration of the credit facility – for example, to accounts receivables staff or to external auditors.
- In the event that full payment is not received by the due date the credit facility may be suspended or cancelled without notice. Reinstatement of credit terms after any suspension will be at the discretion of Machines4u.
- The Customer acknowledges that Machines4u may suspend or terminate the credit facility immediately (with or without written notice), if the Customer:
- obtains credit by fraud, dishonesty or omission; or
- allows the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or
- breaches any of these terms and conditions; or
- being an individual, commits an act of bankruptcy; or
- being a body corporate, becomes externally administered; or if:
- Machines4u believes that the continued use of the credit facility may cause loss or damage to the Customer or Machines4u; or
- in the opinion of Machines4u any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the credit facility, makes the continuance of the application undesirable or unsatisfactory; or
- Subject to any relevant legislative requirement, in the event the Customer breaches any of these terms and conditions, Machines4u reserves the right to notify credit reporting agencies of that breach. The Customer acknowledges that any damages suffered by the Customer as a result of the listing is solely the Customer’s responsibility and holds Machines4u and its officers, employees and agents safe from claim in respect of any damages.
- If the credit facility is suspended or cancelled then Machines4u may require immediate payment of all outstanding amounts. Suspension or cancellation does not affect any of the Customer’s obligations in respect of the credit facility.
- The Customer must pay to Machines4u all amounts reasonably incurred or expended by Machines4u in exercising its rights as a result of a breach of these terms and conditions by the Customer or as a result of any circumstance referred to in clause 9.
- Machines4u may vary these terms and conditions with respect to future transactions between Machines4u and the Customer:
(a) by agreement between Machines4u and the Customer; or
(b) by Machines4u giving to the Customer not less than 21 days’ prior written notice specifying the variation and the date on which the variation becomes effective.
- Notice of the variation under this clause need not be sent separately and may be sent with the Customer’s statement of account or as part of any other correspondence.