1. About the Website
1.1 Welcome to www.modularcomponents.com.au (the ‘Website’). The Website provides you with an opportunity to browse various products that have been listed for sale through the Website (the ‘Products’).
1.2. The Website is operated by Flexilink Computer Services Pty Ltd trading as Modular Components & Automation. (ABN 72 409 967338). Access to and use of the Website, or any of its associated Products or Services, is provided by Modular Components & Automation. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.3. Modular Components & Automation reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Copyright and Intellectual Property
3.1. The Website and all of the related products of Modular Components & Automation are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by Modular Components & Automation or its contributors.
3.2. Modular Components & Automation retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Modular Components & Automation; or
b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3.3. You may not, without the prior written permission of Modular Components & Automation and the permission of any other relevant rights owners: broadcast,
republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. You acknowledge that Modular Components & Automation does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
5.2. Modular Components & Automation will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that you will take reasonable steps to calculate whether the Products will suit the purpose for which you intend to use them.
5.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.4. Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Modular Components & Automation will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.5. Use of the Website and any of the products of Modular Components & Automation is at your own risk. Everything on this Website and the Products of Modular Components & Automation, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Modular Components & Automation make any express or implied representation or warranty about its Content or any products referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, or any of its Content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, or any of the Products;
d) the Content or operation in respect to links which are provided for the User’s convenience; or
e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
6. Limitation of Liability
6.1. You expressly understand and agree that Modular Components & Automation, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.2. Modular Components & Automation is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website, whether posted or caused by users of the website of Modular Components & Automation, by third parties or by any of the services offered by Modular Components & Automation.
7. Venue and Jurisdiction
The Website offered by Modular Components & Automation is intended to be viewed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
8. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.