Agreement Between Customer And AgSight Pty. Ltd. (hereafter referred to as AgSight).
This Web site is offered to you, the customer by AgSight. Your use of this Web site and/or your acceptance without modification of the terms, conditions, and notices contained herein constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site.
Personal And Non-Commercial Use Limitation
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
Copyright And Trademark Notices
All contents of this Web site are: Copyright © 2012-2013 AgSight. All rights reserved. AgSight and our logo are trademarks or registered servicemarks of AgSight. Work & Travel and other names of AgSight products and/or services referenced herein are property of AgSight. Solvita is a registered trademark of Woods End Laboratory and is used with permission of Woods End Laboratory.
Liability Disclaimer
The information, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. AgSight, its affiliates and/or its respective suppliers may make improvements and/or changes in this web site at any time. AgSight and/or its respective suppliers make no representations about the suitability of the information, products, and services contained on this web site for any purpose. AgSight shall use reasonable care and skill in carrying out the services contained in this web site. AgSight, its affiliates, and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, products, and services, including all implied warranties, and conditions, of merchantable quality, fitness for a particular purpose, title, and non-infringement. In no event shall AgSight, its affiliates and/or its suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, products, and services obtained through this web site, or otherwise arising out of the use of this web site, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if AgSight, its affiliates, or any of its suppliers has been advised of the possibility of damages. Except in relation to liability for death or personal injury for which no limit applies. AgSight, its affiliates and/or its respective suppliers shall be liable for direct loss arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.
Payment
The Customer must pay to AgSight (without any deduction or set-off) the amount stated in any invoice issued by AgSight to the Customer. Any payment made by cheque is deemed received by AgSight only when AgSight receives payment in cleared funds.
Delivery
The prices of Goods ordered are ex-office or ex-warehouse from AgSight in Australia. Delivery dates whether provided by AgSight or requested by the Customer are approximate only and no liability is accepted by AgSight for delay from any cause whatsoever. AgSight may extend the time for delivery for any reason whatever and if AgSight is unable to deliver within a reasonable time the agreement to supply Goods shall be voided at AgSight’s option and the Customer will not have any right to claim any damage, cost, loss or expense in respect thereof. AgSight may sub-contract the supply or delivery, or both, of the Goods and, to the maximum extent permitted by law, AgSight will not be liable for any act or omission of any third party engaged in the supply and/or delivery of the Goods.
Risk
Risk in the Goods will pass to the Customer on dispatch of the Goods from AgSight’s office or warehouse. Title in Goods does not pass to the Customer until the Customer has paid in full to AgSight all amounts owed or remaining unpaid by it (including GST) in respect of the Goods.
Intellectual Property
The purchase by the Customer of any Goods does not confer on the Customer any license or right under any copyright, patent, design or trade mark or any other intellectual property right in respect of the Goods or otherwise which is the property of AgSight or any company related to or associated with AgSight.
No Unlawful Or Prohibited Use
As a condition of your use of this Web site, you warrant to AgSight that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use Of Bulletin Board, Chat Rooms, And Other Communications Forums
If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by AgSight, and such communications shall not be considered reviewed, screened, or approved by AgSight. AgSight reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. AgSight reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
Modification Of These Terms And Conditions
AgSight reserves the right to change the terms, conditions, and notices under which this Web site is offered.
Jurisdictional Issues
This Agreement shall be governed by the law in force in Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland or any Federal court exercising jurisdiction in Queensland. Any provisions of this agreement which are, or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.