Terms and Conditions of Use for the Excel Technology Co (ETC) Web Site
The following terms and conditions govern your use of the ETC Website and the materials and information accessible on or from the ETC Website. ETC may from time to time change this Website (including these terms and conditions of use). Your use of the Website means you accept these terms and conditions. If you do not agree with these terms and conditions please do not visit or use the Website.
1. Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Website and related communications are provided on an "as is" basis. ETC assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Website. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), ETC expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Website. ETC shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Website, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if ETC is expressly advised of the possibility of such loss or damages.
2. Confidentiality
You should not send any information or material that you consider to be confidential or proprietary, to ETC or any other person, through this Website. Any information or material sent to ETC at, or through this Website, is deemed to be not confidential. You are deemed to grant to ETC an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Website. ETC is free to use any ideas, concepts, know-how or techniques that you send to ETC, for any purpose.
3. Copyright
You must comply with all proprietary and copyright notices on this ETC Website. This Website is owned by EXCEL TECHNOLOGY CO, and subject to copyright. The information on this Website is protected under Australian copyright laws.
Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Website;
alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Website which can be accessed through this Website; or
use or apply, for commercial purposes any material or information on this Website, without the prior written consent of EXCEL TECHNOLOGY CO.
Any software which you download from this Website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this Website are the property of their respective owners. Nothing contained on this Website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
4. Links and Third-Party Statements on this Website
ETC makes no representations or warranties about any other website which you may access through this Website ("Other Website"). When you access an Other Website, that Other Website is independent from this Website, and ETC has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the ETC Website. Other Websites are not under the control of ETC, and ETC is not responsible for the accuracy of any information on any Other Website. ETC does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Website is free from viruses, worms, trojan horses and other material of a destructive nature. ETC will not monitor or review statements made by persons other than ETC ("Third Parties") on this Website. Third Parties may post statements or information on some portion of this Website, from time to time ("Third Party Posted Material"). ETC makes no representations to you in relation to the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. ETC expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, ETC is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Website, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if ETC has been expressly advised of the possibility of such loss or damages. You must indemnify and keep indemnified ETC in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
5. Governing Law
Your rights and obligations under these terms and conditions are governed by the law in force in Queensland from time to time. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from the courts of Queensland.
6. Limitations on Use
ETC may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this Website. Users are responsible for reviewing this Website from time to time to ensure compliance. If ETC makes a request to you to stop using this Website or to promptly return or destroy copies of information provided on this Website, you must immediately comply with that request, and confirm in writing to ETC within five (5) business days after that request, that you have done so.
7. No Sales on this Web site
You are not able to purchase any goods or services or both on this Web site. Purchases of any goods or services or both can only be made by you making contact directly with ETC.