Welcome to the website of the Power Equipment Pty Ltd (ABN 97 005 866 642) (“we”, “us” or “Power Equipment”). These terms relate to Power Equipment and all associated entities and brands.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to POWER EQUIPMENT that you are over the age of 18 years. Should POWER EQUIPMENT suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
POWER EQUIPMENT will actively take steps to protect any information you provide to us via this site. However, POWER EQUIPMENT cannot guarantee that the information you transmit over the site or via the internet generally will be secure. There are risks in using the site notwithstanding our efforts to secure and encrypt information you send us. Therefore, you accept that any information you provide us is done so at your own risk.
POWER EQUIPMENT recommends that you maintain up-to-date anti-virus, anti-malware and anti-spyware software on your computer or device.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to POWER EQUIPMENT at law or in equity, POWER EQUIPMENT reserves the right to, without notice,
POWER EQUIPMENT is unable to verify or authenticate any information that you provide to us; or
POWER EQUIPMENT believes that your actions may cause damage and/or legal liability to POWER EQUIPMENT, any of its customers or suppliers or any other person; and;
You indemnify and hold harmless POWER EQUIPMENT and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
|any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
Registration and account security
Requirement for registration
POWER EQUIPMENT reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued a username and password to access your account. You are responsible for maintaining the security of your username and password (and any username and password of your authorised representative) for this site. POWER EQUIPMENT will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that POWER EQUIPMENT will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify POWER EQUIPMENT immediately of any known or suspected unauthorised use of any password or any other breach of security.
a valid email address;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by POWER EQUIPMENT during the registration process.
You must promptly update this information to maintain its accuracy at all times. You represent and warrant to POWER EQUIPMENT that all information provided to POWER EQUIPMENT by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
POWER EQUIPMENT reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
refuse to provide products or services to you;
terminate your access to this site; and/or
remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when POWER EQUIPMENT either:
provides the products or services to you, at the time at which POWER EQUIPMENT commences providing the products or services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by POWER EQUIPMENT.
POWER EQUIPMENT reserves the right to change the prices for products or services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Refunds and other remedies
This site is our copyright property. All rights are reserved.
this site; all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by POWER EQUIPMENT in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
Intellectual property rights in certain material included on this site purchased through this site, or processes used in, constructing or accessing this website, may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner, which would involve the exercise of the rights of the intellectual property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties.
You may not remove, alter or modify any copyright, trademark or other proprietary notices that appear in conjunction with any text or graphics with this site.
POWER EQUIPMENT’s logo is a trademark of POWER EQUIPMENT. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of POWER EQUIPMENT. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of POWER EQUIPMENT.
This site may contain some features that enable you and other users to upload User Content. POWER EQUIPMENT reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to POWER EQUIPMENT that your sharing of that User Content does not infringe any copyright, any person’s intellectual property rights or other legal right of any other person; and
grant to POWER EQUIPMENT a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at POWER EQUIPMENT’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWER EQUIPMENT AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, POWER EQUIPMENT and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee (whether express or implied, statutory or otherwise) as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, POWER EQUIPMENT and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition, representation or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at POWER EQUIPMENT’s sole discretion):
in the case of products, to any of the following:
the replacement of the products or the supply of equivalent products; or
the payment of the cost of replacing the products or of acquiring equivalent products; and in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
use or access this site for the purposes of cyber extortion or any other illegal activity or internet crime;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site (whether owned by POWER EQUIPMENT or a third party) other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of POWER EQUIPMENT’s intellectual property rights on this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to POWER EQUIPMENT without POWER EQUIPMENT’s prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring POWER EQUIPMENT or any of its staff into disrepute.