1. Introduction
The Website Owner (Top Lock & Key
Pty Ltd), including subsidiaries and
affiliates ("Website" or "Website
Owner" or "we" or "us" or "our")
provides the information contained
on this website or any of the pages
comprising the website ("website")
to visitors ("visitors")
(cumulatively referred to as "you"
or "your" hereinafter) subject to
the terms and conditions set out in
these website terms and conditions,
the privacy policy and any other
relevant terms and conditions,
policies and notices which may be
applicable to a specific section or
module of this website.
2. Information on the Website
Whilst every effort is made to
update the information contained on
this website, neither the Website
Owner nor any third party or data or
content provider make any
representations or warranties,
whether express, implied in law or
residual, as to the sequence,
accuracy, completeness or
reliability of information,
opinions, any share price
information, research information,
data and/or content contained on the
website (including but not limited
to any information which may be
provided by any third party or data
or content providers)
("information") and shall not be
bound in any manner by any
information contained on the
website. the Website Owner reserves
the right at any time to change or
discontinue without notice, any
aspect or feature of this website.
No information shall be construed as
advice and information is offered
for information purposes only and is
not intended for trading purposes.
You and your company rely on the
information contained on this
website at your own risk. If you
find an error or omission at this
site, please let us know.
3. Trade Marks
The trade marks, names, logos and
service marks (collectively "trade
marks") displayed on this website
are registered and unregistered
trade marks of the Website Owner.
Nothing contained on this website
should be construed as granting any
license or right to use any trade
mark without the prior written
permission of the Website Owner.
4. External Links
External links may be provided for
your convenience, but they are
beyond the control of the Website
Owner and no representation is made
as to their content. Use or reliance
on any external links and the
content thereon provided is at your
own risk. When visiting external
links you must refer to that
external websites terms and
conditions of use. No hypertext
links shall be created from any
website controlled by you or
otherwise to this website without
the express prior written permission
of the Website Owner. Please contact
us if you would like to link to this
website or would like to request a
link to your website.
5. Public Forums and User
Submissions
The Website Owner is not responsible
for any material submitted to the
public areas by you (which include
bulletin boards, hosted pages, chat
rooms, or any other public area
found on the website. Any material
(whether submitted by you or any
other user) is not endorsed,
reviewed or approved by the Website
Owner. The Website Owner reserves
the right to remove any material
submitted or posted by you in the
public areas, without notice to you,
if it becomes aware and determines,
in its sole and absolute discretion
that you are or there is the
likelihood that you may, including
but not limited to -
5.1 defame, abuse, harass, stalk,
threaten or otherwise violate the
rights of other users or any third
parties;
5.2 publish, post, distribute or
disseminate any defamatory, obscene,
indecent or unlawful material or
information;
5.3 post or upload files that
contain viruses, corrupted files or
any other similar software or
program's that may damage the
operation of the Website Owner's
and/or a third party's computer
system and/or network;
5.4 violate any copyright, trade
mark, other applicable Australian or
international laws or intellectual
property rights of the Website Owner
or any other third party;
5.5 submit contents containing
marketing or promotional material
which is intended to solicit
business.
6. Specific Use
You further agree not to use the
website to send or post any message
or material that is unlawful,
harassing, defamatory, abusive,
indecent, threatening, harmful,
vulgar, obscene, sexually
orientated, racially offensive,
profane, pornographic or violates
any applicable law and you hereby
indemnify the Website Owner against
any loss, liability, damage or
expense of whatever nature which the
Website Owner or any third party may
suffer which is caused by or
attributable to, whether directly or
indirectly, your use of the website
to send or post any such message or
material.
7. Warranties
The Website Owner makes no
warranties, representations,
statements or guarantees (whether
express, implied in law or residual)
regarding the website, the
information contained on the
website, your or your company's
personal information or material and
information transmitted over our
system.
8. Disclaimer of Liability
The Website Owner shall not be
responsible for and disclaims all
liability for any loss, liability,
damage (whether direct, indirect or
consequential), personal injury or
expense of any nature whatsoever
which may be suffered by you or any
third party (including your
company), as a result of or which
may be attributable, directly or
indirectly, to your access and use
of the website, any information
contained on the website, your or
your company's personal information
or material and information
transmitted over our system. In
particular, neither the Website
Owner nor any third party or data or
content provider shall be liable in
any way to you or to any other
person, firm or corporation
whatsoever for any loss, liability,
damage (whether direct or
consequential), personal injury or
expense of any nature whatsoever
arising from any delays,
inaccuracies, errors in, or omission
of any share price information or
the transmission thereof, or for any
actions taken in reliance thereon or
occasioned thereby or by reason of
non-performance or interruption, or
termination thereof.
9. Use of the Website
The Website Owner does not make any
warranty or representation that
information on the website is
appropriate for use in any
jurisdiction (other than Australia
). By accessing the website, you
warrant and represent to the Website
Owner that you are legally entitled
to do so and to make use of
information made available via the
website.
10. General
10.1 Entire Agreement
These website terms and conditions
constitute the sole record of the
agreement between you and the
Website Owner in relation to your
use of the website. Neither you nor
the Website Owner shall be bound by
any express tacit or implied
representation, warranty, promise or
the like not recorded herein. Unless
otherwise specifically stated these
website terms and conditions
supersede and replace all prior
commitments, undertakings or
representations, whether written or
oral, between you and the Website
Owner in respect of your use of the
website.
10.2 Alteration
the Website Owner may at any time
modify any relevant terms and
conditions, policies or notices. You
acknowledge that by visiting the
website from time to time, you shall
become bound to the current version
of the relevant terms and conditions
(the "current version") and, unless
stated in the current version, all
previous versions shall be
superseded by the current version.
You shall be responsible for
reviewing the then current version
each time you visit the website.
10.3 Conflict
Where any conflict or contradiction
appears between the provisions of
these website terms and conditions
and any other relevant terms and
conditions, policies or notices, the
other relevant terms and conditions,
policies or notices which relate
specifically to a particular section
or module of the website shall
prevail in respect of your use of
the relevant section or module of
the website.
10.4 Waiver
No indulgence or extension of time
which either you or the Website
Owner may grant to the other will
constitute a waiver of or, whether
by estoppel or otherwise, limit any
of the existing or future rights of
the grantor in terms hereof, save in
the event or to the extent that the
grantor has signed a written
document expressly waiving or
limiting such rights.
10.5 Cession
The Website Owner shall be entitled
to cede, assign and delegate all or
any of its rights and obligations in
terms of any relevant terms and
conditions, policies and notices to
any third party.
10.6 Severability
All provisions of any relevant terms
and conditions, policies and notices
are, notwithstanding the manner in
which they have been grouped
together or linked grammatically,
severable from each other. Any
provision of any relevant terms and
conditions, policies and notices,
which is or becomes unenforceable in
any jurisdiction, whether due to
voidness, invalidity, illegality,
unlawfulness or for any reason
whatever, shall, in such
jurisdiction only and only to the
extent that it is so unenforceable,
be treated as pro non scripto and
the remaining provisions of any
relevant terms and conditions,
policies and notices shall remain in
full force and effect.
10.7 Applicable laws
Any relevant terms and conditions,
policies and notices shall be
governed by and construed in
accordance with the laws of
Australia without giving effect to
any principles of conflict of law.
You hereby consent to the exclusive
jurisdiction of the High Court of
Australia in respect of any disputes
arising in connection with the
website, or any relevant terms and
conditions, policies and notices or
any matter related to or in
connection therewith.
10.8 Comments or Questions
If you have any questions, comments
or concerns arising from the
website, the privacy policy or any
other relevant terms and conditions,
policies and notices or the way in
which we are handling your personal
information please contact us.
E-mail: privacy@toplockandkey.com.au