“Loss” means any direct or indirect loss, damage, expense, claim or demand however arising (including through negligence).
“Website” means this website and the whole or any part of the web pages incorporated in this website (including the layout of the website; individual elements of the website design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of the website).
“We” and “us” refer to ACC Australia its officers, directors, employed and contracted staff, agents, contractors and representatives (“ACC Australia”) and “our” has a similar meaning.
We do not guarantee that the website will be accessible at all times, or that access to and use of the website will be uninterrupted, secure, timely or error free.
While we attempt to ensure that the information and data provided on or via the website is correct, we cannot guarantee its reliability, accuracy or completeness.
We do not review any content posted by users of this website prior to its posting and we take no responsibility for any such content. The views of users of this website are not necessarily endorsed by us or reflective of our views.
In no event will we be liable for any Loss arising from, or relating to this agreement or the website, including, without limitation, any Loss arising from:
a) your use or non-use of the website;
b) any failure of the website, or of any documents or materials provided by us to you, to be fit for the purpose for which you intend using those items;
c) unauthorised use of your user name or password;
d) your reliance on information contained on the website or otherwise provided by us to you (including any action taken by you as a result of any such information);
e) information posted on the website, or communications to you from other users of the website;
f) any failure by us to provide information about, or take or accept orders for, any particular goods or services;
g) any failure by us to receive any order or other message (whether placed by email, telephone, facsimile, post or electronically via the website) sent by you (or by any other person on your behalf) or any corruption of any such order or message;
h) interception of, or any other unauthorised dealing with, any electronic order or other electronic message sent by you or by any other person on your behalf;
i) inaccuracy or incompleteness of any information contained on the website
j) temporary or permanent unavailability of the website or any goods or services advertised on it;
k) defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
l) any computer virus or other program device which could damage or interfere with data, hardware or software.
Except for those which are expressly specified in these terms and conditions, all warranties, conditions and representations (including those that are implied) relating to the website, any information on the website, and any goods or services that may be ordered or are ordered through the website are, to the maximum extent permitted by law, excluded.
Notwithstanding the above, these terms and conditions do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred to you, or implied by, the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited, at our option to any one or more of the following:
a) In the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
b) In the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
You agree to indemnify us in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which we may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to this agreement, the use of the website, your purchase of goods or services through the website (or any part of it) or through us, or any breach by you of these terms and conditions.
The website may contain links to other websites maintained by third parties. We do not make any representation as to the accuracy or sustainability of any of the information contained on those other sites, and do not accept any responsibility or liability for the conduct or content of those other sites.
If the website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other websites where goods or services are advertised, the placement or such advertisements on this site does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Unless otherwise indicated, intellectual property in all materials, documents, information, data, images, logos and trademarks that we provide to you or which are contained on the website is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the website, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the website (or any related documents or materials) without our prior written consent.
You must not use any trademarks, service marks or logos which appear or are used on the website (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such trademarks, services marks or logos.
You must not create a link to any part of the website (other than solely for your private and non-commercial purposes) without our prior written consent.
We do not warrant that any data (including any file) obtained through the website is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the website.
You must keep confidential all information provided by us to you of a confidential nature and must not disclose or use that information for any purposes other than that for which the information was provided.
These terms and conditions incorporate the entire understanding between you and us with respect to the subject matter of this agreement and supersede all prior oral and written communications and proposals.
We may from time to time vary or amend these terms and conditions by posting changes to these terms and conditions on the website.
This agreement is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or the website.