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1. Conditions of Use
1.1
This Website (“Website”) is owned and managed by Dynalite Intelligent Light Pty Ltd (ABN 97 095 929 829) (“we”). Your use of the Website is subject to these terms and conditions. By using the website, You agree to be bound by these terms and conditions.
2. Non-excludable Rights
2.1
Definition. The Trade Practices Act (and similar State & Terrority legislation) and the Copyright Act in Australia may confer rights and remedies on you in relation to copyright material or the supply of goods and services which cannot be excluded, modified or restricted (“the Non-excludable Rights”).
2.2
Non-excludable Rights not effected. Notwithstanding any other provision contained herein nothing in this document shall be construed as removing or modifying the Non-excludable Rights.
3. Intellectual Property
3.1
All material on this Website is subject to our copyright. You must not transfer or hyperlink any of the material contained in this Website without our prior written consent, except that you may:
(a) download a copy of this website to the local hard drive of the computer used to access the site;
(b) print extracts of this website, but only for your personal or non-competing internal business use; and
(c) download and use the software made available for download on this website provided that you agree that your rights are limited to those of a licensee, you comply with any license conditions contained therein, and subject to your Non-excludable Rights you do not reverse engineer, reproduce, adapt or transfer the software or cause or allow any third party to do the same. Subject to the Non-excludable Rights, the only warranties granted in relation to this software are those expressly set out in the applicable licence agreement.
3.2
Trademarks. Dynalite, Dimtek, DyNet, DLight, Revolution and associated logos are the registered trademarks/trademarks of our affiliated companies and this website contains other registered and unregistered trademarks of ours, our related companies and third party licensors (“the Trademarks”). Nothing contained on this website shall be construed as granting or permitting any proprietary interest, license or right of use to the Trademark without the express written consent of the owner of that Trademark.
4. Third Party Links & Content
4.1
The Website contains links to websites operated by other parties (“Third Party Websites”). Dynalite does not have a practice of monitoring or making inquiries about the content of websites accessed by such links. Dynalite are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Websites, their content or any products or services which they offer. Content contained on Third Party Websites does not represent the views of Dynalite. You access Third Party Websites completely at Your own risk.
4.2
The Website contains content provided to Dynalite by other parties (“Third Party Content”). Dynalite does not have a practice of monitoring or making inquiries about Third Party Content. Dynalite is not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Dynalite. You rely on Third Party Content completely at Your own risk.
5. Limitation of Liability
5.1
No Special Damages. You agree that, subject to your Non-excludable Rights, in no circumstances will we be liable for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature (including without limitation those concerning the loss or corruption of data) however arising, including from: (a) the use of or access to, or any inability to use or access the website or any material on the website; or (b) unauthorised access to or alterations of your transmissions or data.
5.2
Indemnity. You indemnify us and hold us harmless from and against all losses, actions, claims, suits, liabilities, costs or expenses arising out of or in any way connected to your use of this website.
5.3
Survivorship. The rights in the Clause 4 survive cessation of access to this website.
6. Disclaimers
6.1
General Disclaimer. While we endeavour to ensure the accuracy and completeness of the information contained on this Website and to ensure constant uninterrupted access to it, we make no warranties and subject to your Non-excludable Rights accept no responsibility for any loss or damage you may suffer as a result of your reliance on any part of it or for any delay or disruption however caused.
6.2
In particular, we make no representations or warranties and subject to the Non-excludable Rights exclude all liability in relation to any of the material on this website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material).
6.3
You must take your own precautions in respect of virus detection and the responsibility for any harmful code that may be introduced into your system by using this website.
7. Privacy
7.1
Use of any personal data that you provide to us is governed by our Privacy Policy Statement.
8. Miscellaneous
8.1
Compliance with the Law. You must comply with all applicable laws when using this website.
8.2
Force Majeure. Neither party shall be liable for any delay in performing its obligations if and to the extent the delay is caused by circumstances beyond its reasonable control.
8.3
Variations. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the website after it has been amended.
8.4
Termination. We can terminate your right to access our Websites or any part thereof at any time for any reason without notice.
8.5
Applicable law. These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
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