- 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.
Machines4u.com.au has its registered office at Suite L106, 63-85 Turner St, Port Melbourne, VIC 3207 Australia.
Correspondence should be directed to this address or emailed to sales@Machines4u.com.au.