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.

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and POWER EQUIPMENT and govern your use of this site. These Website Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Website Terms of Use.

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.

Security

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

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to POWER EQUIPMENT at law or in equity, POWER EQUIPMENT reserves the right to, without notice, 
temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if you breach any provision of these Website Terms of Use;
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;
remove or block access to any information and/or materials (in whole or in part) that POWER EQUIPMENT, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

Indemnity

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
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

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.

User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide POWER EQUIPMENT with:
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.

Orders

Order constitutes offer

By placing any order through this site, you make an irrevocable offer to us to purchase the products or services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products or services to you – however, POWER EQUIPMENT will endeavour to supply your selected products or services to you.

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:
at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order, and at any time:
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.

Prices

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.

GST

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

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that POWER EQUIPMENT will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below. For more information about obtaining refunds from third party suppliers, see the paragraphs headed “Refunds from suppliers” in these Website Terms of Use below.

Intellectual property

Copyright

This site is our copyright property. All rights are reserved.
In these Website Terms of Use, the term “Proprietary Content” means:
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).

All Proprietary Content is the property of POWER EQUIPMENT or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish, reverse engineer or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of POWER EQUIPMENT or other copyright owners (as applicable). No part of this site may be reproduced on any other internet site. You may access and display these pages on a computer or a monitor and download and print out content from this site only for your own personal and non-commercial use.

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.

Trademarks

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.

User Content

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

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.

Copyright claims

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 exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

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.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release POWER EQUIPMENT and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. POWER EQUIPMENT may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, POWER EQUIPMENT excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of POWER EQUIPMENT, and POWER EQUIPMENT shall be entitled to a reasonable extension of time for the performance of such obligations.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these.

Website Terms of Use

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without POWER EQUIPMENT’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
POWER EQUIPMENT may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by POWER EQUIPMENT to act with respect to a breach by you or others does not waive POWER EQUIPMENT’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

POWER EQUIPMENT reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with POWER EQUIPMENT.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the State laws of Victoria and Federal laws of the Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and subsequent courts of appeal.

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.