Terms and Conditions of use for the Elsema Website
1.1 In this Terms and Conditions of Use
Elsema means Elsema Pty Ltd ABN 77 001 562 563 and its related bodies corporate and their respective officers, directors, employees, agents, representatives, information providers, distributors or licensors;
Elsema website means the website(s) offered by Elsema;
Goods means goods supplied by Elsema to a customer (and where the context so permits, shall include any supply of services as defined below);
Intellectual Property means all intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Elsema website;
Material(s) means any document on the Elsema website including, without limitation, information, specifications, catalogues, images and diagrams;
Services means all services supplied by Elsema and includes any advice or recommendations (and where the context so permits, shall include any supply of goods as defined above);
Terms and Conditions of Use means these terms and conditions of use; and
You means the person whom, or the entity on behalf of which you are acting, agrees to these Terms and Conditions of Use by use of the Elsema website.
2. Use Of the Elsema Website
2.1 Your use of the Elsema website constitutes your agreement to these Terms and Conditions of Use
2.2 Any links provided by the Elsema website are provided as a service to you and do not imply any association, sponsorship, connection, endorsement or other relationship between Elsema and the owners of any of the sites to which Elsema provides a link. Elsema provides this service at its discretion and accepts no responsibility for the currency of the link or the content of the website to which the link leads.
2.3 You must not link your site to the Elsema website without the express permission of Elsema. Any link to the Elsema website must be to the home page.
3. Rights of Elsema
3.1 Elsema has the right at any time to change, add or discontinue any aspect or feature of the Elsema website including, but not limited to, the Materials and features provided and hours available.
3.2 Elsema has the right at any time to change or modify these Terms and Conditions of Use applicable to your use of the Elsema website or any part of it or to impose new conditions or to remove conditions. Such changes, modifications, additions or deletions will be effective from the time the new Terms and Conditions of Use are published by Elsema on the Elsema website. Any use of the Elsema website by you after the publishing of the new Terms and Conditions of Use will be deemed to be acceptance by you of the new Terms and Conditions of Use.
3.3 All Elsema Goods and Materials appearing on the Elsema website are intended for Australia. The Goods appearing on the Elsema website may not necessarily be available in territories other than Australia.
4. Intellectual Property
4.1 The Materials contained on the Elsema website are the subject of copyright and other Intellectual Property and legal rights (including third party rights). You may view the Elsema website and its contents and save a copy of the Elsema website solely in the operation of your web browser in visiting the Elsema website but otherwise may not commit or permit any act which infringes any of the rights set out above without prior written consent from Elsema.
4.2 The trade mark “Elsema” and any other logos displayed on the Elsema website are trade marks. You must not use any trade mark appearing on the Elsema website without the prior written consent of Elsema or in accordance with a written agreement between you and Elsema.
5. Disclaimer and Limitation of Liability
5.1 While Elsema takes all reasonable steps to maintain the Elsema website, Elsema does not warrant that the Materials contained in the Elsema website is accurate, complete or current or that any Services will be uninterrupted, timely, secure or free from error, viruses or other harmful components.
5.2 You accept that Elsema is not liable for any indirect, incidental, special, consequential, punitive or other damage, loss, cost, expense or any other liability arising directly or indirectly out of your use of the Elsema website, your inability to access the Elsema website or in connection with any Goods, Services or Materials advertised, offered or supplied through the Elsema website.
5.3 The remedy in respect of any breach by Elsema of any condition or warranty not otherwise excluded by this clause will be limited, at the option of Elsema to:
a. the replacement of Goods or Services to which the breach relates; or
b. the supply of equivalent Goods or Services, or the cost of having those Goods or Services resupplied.
6. Release and Indemnity
6.1 Unless otherwise required by law, you hereby release and indemnify Elsema to the fullest extent permitted by law from any loss, damage, injury, action, claim, suit or proceeding by any person in respect of or in any way attributable to your use of the Elsema website, your inability to access the Elsema website or in connection with any Goods, Services or Materials advertised, offered or supplied through the Elsema website.
8. Jurisdiction and Applicable Law
8.1 The laws of New South Wales, Australia apply to the Elsema website and all use of the Elsema website.
8.2 Elsema and you each agree that the courts of New South Wales and the New South Wales division of the Federal Court of Australia have non-exclusive jurisdiction to hear any matter arising out of these Terms and Conditions of Use or your use of the Elsema website.
8.3 You are responsible for complying with all laws applicable to the use of the Elsema website in any jurisdiction from which you access the Elsema website.