These Terms of Use are
important. Please read them carefully before you continue to use Fordlaser.com
The framework
The following are the general
terms and conditions which govern your use of the websites within the
Fordlaser.com site. Additional terms and conditions governing your use as well
as notices and disclaimers may apply to particular areas of the Fordlaser.com
site or to particular features or transactions (Additional Terms). These general
terms and conditions together with such Additional Terms where applicable, are
referred to as the Terms of Use.
Your use of and access to the
Fordlaser.com site is conditional upon your acceptance of and compliance with
these Terms of Use and on you complying with all applicable laws of the
Commonwealth of Australia (including its states and territories).
Your use of and/or continued use
of the Fordlaser.com site will make these general terms and conditions into a
binding contract between you and Fordlaser.com. By using areas of the
Fordlaser.com site where Additional Terms are posted, you express your agreement
to be bound by those Additional Terms. If you do not want to be bound by these
general terms and conditions do not use the Fordlaser.com site. If you do not
want to be bound by any Additional Terms applicable to particular areas of the
Fordlaser.com site, do not use those areas.
Fordlaser.com reserves the right
to amend the Terms of Use at any time at its sole discretion. Any changes will
be published in this web document. Your use of the Fordlaser.com site will be
subject to the most current version of the Terms and Conditions.
If you become aware of misuse of
the Fordlaser.com site by any person, please contact the webmaster with your
concerns via the contacts page.
ACCESS & USE
Content
All of the content featured or
displayed on the Fordlaser.com site including, but not limited to, information,
text, material, graphics, logos, photographs, audio and video material and
stills from audiovisual material, software and advertisements (Content) is owned
by Fordlaser.com and is protected by Australian and international copyright
laws.
Apart from any use permitted
under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce,
duplicate, republish, redisseminate, frame, upload to a third party, post,
transmit or distribute (including by way of email, facsimile or other electronic
means), translate, adapt, alter, decompile, disassemble, reverse engineer or
create any derivative work of the Content in any way except as may be expressly
provided for on the relevant Fordlaser.com site, or expressly authorised in
writing by the webmaster.
This means you are strictly
prohibited from creating works or materials that derive from or are based on the
content including, without limitation, fonts, icons, link buttons, wallpaper,
desktop themes, on-line postcards and greeting cards and unlicensed merchandise.
This prohibition applies regardless of whether the derivative materials are
sold, bartered or given away.
Strictly on the condition that
you keep all content intact and in the same form as presented on the
Fordlaser.com site (including without limitation all copyright, trademark and
other proprietary notices and all advertisements), you may ONLY download and/or
view the Content for your personal, non-commercial use.
Links
The Fordlaser.com site contains
links to other websites outside the Fordlaser.com site for your information and
convenience and the inclusion of a link does not imply endorsement,
investigation or verification by Fordlaser.com of the linked websites.
Fordlaser.com makes no warranty or representation and you acknowledge that
Fordlaser.com is not responsible for the functionality of these links, the
security of such websites, the reliability or accuracy of the information
contained on such websites, the copyright compliance, legality, decency, privacy
policy, privacy practices or any other aspect of such websites. You access any
such websites entirely at your own risk. It is your responsibility to review any
terms of use or privacy policies relevant to such websites.
In using Fordlaser.com you
agree:
- Not to disrupt or interfere
with any other user's enjoyment of the Fordlaser.com site;
- Not to disrupt or interfere
with the security of or otherwise cause harm to the Fordlaser.com site; and
- Not to collect or harvest
personal information, including email internet addresses about Fordlaser.com
site users.
Products and Services
You may be able to purchase
goods or services from third parties through the fordlaser.com site. Any
transactions facilitated through the fordlaser.com site are deemed to be binding
contracts between the relevant parties to the transaction and governed by the
prevailing law in Australia. Fordlaser.com and its agents accept no
responsibility whatsoever, in either tort or contract, for loss, damage or
injury that may result from you purchasing goods or services through the
fordlaser.com site.
COMMUNICATION FORUMS
Messages Posted to Forums
The Fordlaser.com site contains
electronic bulletin boards, chat rooms and other communication facilities which
provide for feedback by users to the Fordlaser.com site, real-time interaction
between users (including individuals referred to as guests and experts) and
other electronic messaging and notice services (Forums). Your use of the Forums
is subject to these Terms of Use and our Guidelines, as they are presented to
you when you enter a Forum.
You are welcome to post,
transmit or submit messages and other materials (which include uploading files,
inputting data or any other materials or engaging in any form of communication)
(collectively Messages) to the Forums. However, Fordlaser.com accepts no
responsibility whatsoever in connection with or arising from such Messages.
Fordlaser.com does not endorse
and has no control over the content of Messages submitted by others to Forums.
Messages submitted to Forums are not necessarily reviewed by Fordlaser.com prior
to posting and do not necessarily reflect the opinions or policies of
Fordlaser.com. Fordlaser.com makes no warranties, express or implied, as to the
content of the Messages in the Forums or the accuracy and reliability of any
Messages and other materials in the Forums. Nonetheless Fordlaser.com reserves
the right to prevent you from submitting Messages to Forums and to edit,
restrict or remove such Messages for any reason at any time.
Fordlaser.com assumes no
responsibility for actively monitoring Forums for inappropriate Messages. If at
any time Fordlaser.com chooses, in its sole discretion, to monitor the Forums,
Fordlaser.com nonetheless assumes no responsibility for the content of the
Messages, no obligation to modify or remove any inappropriate Messages, and no
responsibility for the conduct of the user submitting any Message. In submitting
Messages to Forums, you agree to strictly limit yourself to discussions about
the subject matter for which the Forums are intended. You agree that
Fordlaser.com accepts no liability whatsoever if it determines to prevent your
Messages from being submitted or if it edits, restricts or removes your
Messages. You also agree to permit any other user of this Website to access,
view, store or reproduce the material for that other user's personal use and not
to restrict or inhibit the use of the Website by any other person.
You agree that you will not
submit Messages to Forums that:
- Are unlawful, threatening,
obscene, vulgar, pornographic, profane or indecent including any communication
or material that constitutes (or encourages conduct that would constitute) a
criminal offence, gives rise to civil liability or otherwise violates any local,
state, national or international law;
- Violate the copyright,
trademark or other intellectual property rights of any other person. By
submitting Messages to Forums, you represent to Fordlaser.com that you are the
rightful owner of such material or that you have first obtained permission from
the rightful owner to submit the material;
- Improperly assume or claim the
identity, characteristics or qualifications of another person;
- Are for purposes of spamming;
- Contain any virus or other
harmful component;
- Are libellous, or an invasion
of privacy or publicity rights or any other third party rights; or
- Are for commercial purposes or
contain advertising or are intended to solicit a person to buy or sell services
or to make donations.
Intellectual Property in
Messages
By placing a Message on a Forum,
you grant to Fordlaser.com a perpetual, royalty-free, non-exclusive,
irrevocable, unrestricted, worldwide licence (Licence) to do the following in
respect of the information or material:
- Use, copy, sublicense,
redistribute, adapt, transmit, publish and/or broadcast, publicly perform or
display; and
- Sublicense to any third
parties the unrestricted right to exercise any of the foregoing rights granted.
The Licence also includes the
right to exploit all proprietary rights in any such information or other
material including but not limited to rights under copyright, trademark, service
mark or patent laws under any jurisdiction worldwide. By your acceptance of
these Terms of Use, you expressly waive in favour of Fordlaser.com and any other
party authorised by Fordlaser.com all moral rights and any similar rights in any
jurisdiction which you may have or hereafter acquire in respect of any relevant
communication or other material. At the request and expense of Fordlaser.com,
you will execute and deliver to Fordlaser.com such instruments and take such
other actions as may be required to carry out this grant of licence and waiver.
Liability for Use of Forums
You agree to release
Fordlaser.com, its affiliates and agents from any and all liabilities and
obligations whatsoever in connection with or arising from your use of Forums.
You agree to indemnify
Fordlaser.com against any loss, claim, damage or action that Fordlaser.com may
suffer or incur as a result of any Message submitted by you.
If at any time you are not happy
with the Forums or object to any material within Forums, your sole remedy is to
cease using them.
You expressly acknowledge and
agree that the Forums provide a means of public and not private communications.
Fordlaser.com reserves the right
to cooperate fully with any law enforcement authority in any jurisdiction in
respect of any lawful direction or request to disclose the identity or other
information in respect of anyone posting any materials which violate any
applicable or relevant law.
Unsolicited Submissions
If unsolicited submissions are
sent to the webmaster via the Fordlaser.com site, however, these submissions
become the property of Fordlaser.com and may be used, copied, assigned,
sublicensed, adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as we see fit. You agree that you are not entitled to any
compensation, credit or notice whatsoever and that by sending an unsolicited
submission you waive the right to make any claim against Fordlaser.com, its
affiliates relating to unsolicited submissions, including, without limitation,
unfair competition, breach of implied contract or breach of confidentiality.
Commissions
You acknowledge and agree that
Fordlaser.com may receive a commission or fee from a third party (including the
operator of a Fordlaser.com site website or an advertiser on a Fordlaser.com
site website) in relation to revenue earned by that third party from your use of
the Fordlaser.com site (including any purchases you make or initiate through the
Fordlaser.com site).
Advertising and e-commerce
offers
The Fordlaser.com site contains
third party advertisements (including banner ads and full page advertisements)
which contain embedded hyperlinks or which include referral buttons to websites
operated by third parties or their licensees or contractors. Some external third
party websites may include content or include reciprocal links to the
Fordlaser.com site. These features are provided for your convenience. If you use
any such embedded hyperlinks or referral buttons, you take sole responsibility
for the use of the external website.
All third party advertising
(including referral buttons and embedded hyperlinks) is paid for by the relevant
third party advertisers and are not recommendations or endorsements by the
relevant Fordlaser.com site. You are referred to the relevant advertiser for all
information regarding the advertiser and its products and/or services.
In some instances, the
advertisement will contain representations or offers by the third party
advertiser which you can accept by linking to the advertiser's website and
executing the relevant transaction. Such offers are not made by Fordlaser.com,
and the third party advertiser is solely responsible to you for the delivery of
any goods or services you purchase on the third party website.
Any product information or
prices listed in websites in the Fordlaser.com site which are not specifically
related to Fordlaser.com products or services are the responsibility of the
relevant retailer and are accurate at the time the retailer notifies
Fordlaser.com and/or the operator of that website. Such product information and
prices are subject to change without notice by the retailer. Fordlaser.com is
not liable, and accordingly takes no responsibility, for the product information
or prices or for changes to such information or prices, including where price
changes have not been reflected on these websites.
Disclaimer and limitation of
liability
While Fordlaser.com does its
best to ensure the optimal performance of the Fordlaser.com site, you agree that
you use the Fordlaser.com site and rely on material contained in the
Fordlaser.com site at your own risk. Fordlaser.com may, from time to time,
change or add to the Fordlaser.com site without notice. However, Fordlaser.com
does not undertake to keep the Fordlaser.com site updated. Fordlaser.com will
not be liable to you or anyone else if errors occur in the information on the
Fordlaser.com site or if that information is not kept up to date.
Where any applicable legislation
implies any term, condition or warranty into these Terms of Use or into
Fordlaser.com relationship with you or otherwise gives you a particular remedy
against Fordlaser.com (Implied Terms) and that legislation or any other
legislation prevents the operation of provisions excluding or modifying the
application of the Implied Terms, then the Implied Terms will be deemed to be
included in these Terms of Use. However, Fordlaser.com's liability for any
breach of an Implied Term will be limited, to the extent permitted by law, at
Fordlaser.com 's option, to the following:
In the case of services supplied
or offered through the Fordlaser.com site, the supply of the services again, or
the payment of the cost of having services supplied again; or
In the case of goods supplied or
offered through the Fordlaser.com site, the replacement of the goods or the
supply of equivalent goods, the repair of such goods, the payment of the cost of
replacing the goods or acquiring equivalent goods, or the payment of the cost of
having the goods repaired.
Except to the extent that the
Implied Terms are included in the Terms of Use, all terms, conditions,
warranties, undertakings, inducements and representations, whether express or
implied, statutory or otherwise, relating in any way to the Fordlaser.com site
are excluded.
Subject to the Implied Terms:
Fordlaser.com DOES NOT WARRANT
that the Fordlaser.com site is fit for any particular purpose; that the
functions contained in the materials in the Fordlaser.com site will be
uninterrupted; that defects will be corrected; that the Fordlaser.com site is
free of viruses and other harmful components or that the Content is accurate,
complete or reliable.
You should make and rely on your
own enquires before entering into any transaction on the basis of the Content of
the Fordlaser.com site.
You acknowledge that
Fordlaser.com IS NOT LIABLE for any delays, inaccuracies, failures, errors,
omissions, interruptions, deletions, defects, viruses, communication line
failures or for the destruction, damage or unauthorised access to your computer
system or network.
You acknowledge that
Fordlaser.com is not liable for any defamatory, offensive or illegal conduct or
material found in connection with the Fordlaser.com site, including such conduct
or material transmitted by any means by any other person.
You acknowledge that
Fordlaser.com is not liable for any damages, including, without limitation,
direct, incidental, special, consequential, restorative or punitive damages, in
connection with or arising from your use or from your inability to use the
Fordlaser.com site.
You expressly acknowledge and
agree that webmasters of Fordlaser.com do not exert control over the users of
the Fordlaser.com site (including individuals referred to on the Fordlaser.com
site as guests and experts) and is not liable either for their opinions or their
behaviour including any information, advice, defamatory statements or offensive
conduct.
Indemnity
You agree to indemnify and hold
harmless Fordlaser.com from all liabilities, claims and expenses, including
attorney's fees, that arise from your use or misuse of the Fordlaser.com site.
Termination
The Terms of Use are effective
until terminated by Fordlaser.com. Fordlaser.com may terminate this agreement
and your access to the Fordlaser.com site at any time without notice. In the
event of termination, you are no longer authorised to access the Fordlaser.com
site, but all restrictions imposed on you, licenses and waivers granted by you
and all Fordlaser.com disclaimers and limitations of liability set out in these
Terms of Use (as amended) will survive.
Responsibilities for Postings
to Forums
Authors of Postings are
individually responsible for their Postings, including any alterations they
make. If it is found that Postings are likely to be misleading, deceptive,
unauthorised or illegal, the author's right to make Postings can be withdrawn.
If you suspect that Postings are likely to be misleading, deceptive,
unauthorised or illegal, you should report this to Fordlaser.com.
You should be aware that either
Fordlaser.com or people who rely, to their detriment, on Postings on
Fordlaser.com, may take action against the authors of Postings and those
Postings are admissible as evidence in a court of law. The operator of a website
Forum may be required to make information available to legal bodies, including
information about the identity of those making Postings and records of Postings
and session information.
GENERAL
Jurisdiction
These Terms of Use are governed
by the laws in force on the State of New South Wales, Australia and you agree to
submit to the non-exclusive jurisdiction of the courts of New South Wales,
Australia and any courts which may hear appeals from those courts in respect of
any proceedings in connection with these Terms of Use or the Fordlaser.com site.
If you are unsure of your rights
under these Terms of Use, contact us via the contact webform.
Version 1 - Published April 13,
2006