Hilti Australia
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Hilti Online: Access agreement
| Pleaseread this Access Agreement before accessing the Hilti Web site. This agreementgoverns your access to and use of the Web site. Entering the site indicatesyour acceptance of this Agreement, and you agree to be bound by it. For thepurposes of this Agreement "Hilti" means Hilti (Aust) PtyLimited(ABN44007602100) and its associated,affiliated and subsidiarycompanies including Hilti Corp. and "User" means the person who isusing any Hilti website for business purposes. Disclaimer Byusing this Hilti Web Site you are indicating your agreement with the followingsections: A. Access and information Youraccess is limited to viewing Hilti information solely for legitimate businesspurposes. Any access or attempt to access other Hilti computer systems or otherinformation contained on Hilti systems without Hilti's consent for any reasonis prohibited. You agree not to use any information contained on this Web sitefor other than legitimate business purposes. B. Hilti's Responsibilities 1. Alldata and calculations (incl. drawings) itemized on this Web Site are forthe user's guidance only. All such data and calculations are based upon theprinciples, formulas and safety factors set out in the Hilti technicalinstructions, the operating manuals, the setting manuals, and the installationmanuals. Any values therein are based on the respective average values obtainedduring the product testing phases. Due to variations in materials, on-sitetesting must be performed to determine performance at any specific site. 2.Any modification of this data or calculations (incl. drawings) by the userwithout Hilti's consent or knowledge could result in an application notfulfilling legal health and safety legislation. The user agrees to indemnifyand hold harmless Hilti from all claims relating to loss or damage suffered byany party due to applications based on changes made by the user to data orcalculations on any Hilti Web site without the written consent of an authorisedrepresentative of Hilti. 3.The Web Site has been designed in such a way so as to give a specific type ofresult from the data that has been entered. It remains the responsibility ofthe user and/or engineer responsible for the project to check these resultsbefore use and to assure that these results are suitable for the customer'sspecific application. 4.All information and user programs provided on this Web Site are only aidswithout any guarantee as to their validity or for the accuracy of anycalculation in a specific application. 5.Whether or not Hilti has been advised of the possibility of such loss, Hiltishall not in any circumstances be liable in contract, tort or otherwisehowsoever arising for any claim, damage, loss or costs in respect of: (i) any losses special to any user of any Hilti Web site, any direct loss of profits, any direct loss of turnover and/or any direct loss of revenue; and (ii) any indirect or consequential loss or damage howsoever caused including without limitation any losses special to the user of the Hilti website, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of data andfor the avoidance of doubt, the sub-clauses in this section are intended andagreed by the user to be severable. 6.All materials posted on this Web site are "as is" and withoutwarranties express or implied except those warranties implied by Statuteincluding the Trade Practices Act (C’W) and the Fair Trading Act (N.S.W.).Other than those implied warranties, Hilti disclaims all warranties includingany warranty of merchantability and fitness for a particular purpose. Hiltidoes not warrant that functions contained on this Web site will beuninterrupted or error-free, that defects will be corrected, or that this siteor the server are free of viruses or other harmful components. Hilti does notwarrant or represent the use of the materials on this Web site in terms oftheir correctness, accuracy, reliability, or otherwise. C.User's responsibilities 1.You acknowledge that your use of any Hilti Web site is for business purposesonly and that you will not use any Hilti Web site as a “consumer” as definedin the Trade Practices Act (C’W) or the Fair Trading Act (N.S.W.). 2.Hilti is not engaged in rendering engineering or other professional services.if engineering or other expert assistance is required, the services of acompetent professional person should be sought. 3.Given section C2 above, you assume all responsibilities and obligations withrespect to your selection of Hilti products to achieve intended results. 4.As all information on this Web site is for guidance only, you assume allresponsibilities and obligations with respect to any advice which you may giveto a third party without Hilti's written consent in advance in relation to anyHilti product. 5.You may only use this site for lawful purposes. You must not illegallytransmit, distribute or store any material or violate any applicableregulation. This includes, without limitation, material which is protected byany Intellectual Property Rights of a third party. 6.In the interests of all our users, Hilti will co-operate with investigations byany law enforcement or relevant authorities of suspected criminal activity orviolation of our systems or network. D.Intellectual Property Rights 1.All Hilti Web sites contain Intellectual Property Rights which belong wholly toHilti Corp. For the purposes of this Agreement, Intellectual Property Rightsmeans any patents, trade marks, service marks, design rights (whetherregistrable or otherwise), applications for any of the foregoing, copyright,database rights, domain names, know-how, trade or business names and othersimilar rights or obligations whether registrable or not in any country (includingbut not limited to Australia). 2.Copyright in the whole and every part of any Hilti Web site including the lookand feel belongs to Hilti and all such copyright may not be used, sold, copiedor reproduced in whole or part in any manner or in any media to any personwithout the prior written consent of Hilti. 3.The user expressly acknowledges that all other Intellectual Property Rights onany Hilti Web site belong to Hilti, and that any user of any Hilti Web sitegains no right, title or interest in or to such Intellectual Property Rights.Hilti permits the use of the content of any Hilti Web site for legitimatebusiness purposes but in no event shall any user otherwise copy, reproduce,distribute, transmit, upload, download, store, alter, modify or display anycontent of any Hilti Web site without Hilti's consent or in such manner aswould be prejudicial to Hilti's business interests. E.Security, User identification and password protection 1.Hilti user identification and passwords shall be maintained as personal andconfidential. Transferring or sharing assigned user identification and passwordinformation is strictly prohibited. Any violation of this prohibition shallresult in immediate termination of access to the Hilti Web site as well asliability to Hilti for any damage or loss suffered by any party due to such breach.It is your sole responsibility to protect your password from unauthorized use.Therefore, you may be responsible for any charges allocated to your useridentification and password unless it is proven that such charges arose fromany fault of Hilti or through no fault of your own. 2.Hilti will use all reasonable means to protect any Hilti Web site from anybreaches of security including illegal entry by hackers and/or users of anyHilti Web site who act in a manner which is prejudicial to Hilti's interests.However Hilti shall bear no liability to any user for: (i) the acts and/or omissions of any hacker or unauthorised user on the Hilti Web site; (ii) any content on the Hilti Web site which has been placed by any hackers or users of the Hilti Web site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and (iii) any acts or omissions of any users and/or hackers which may infringe the Intellectual Property Rights of any third party. 3.The user may find that a Hilti Web site is linked to or from other web sitesthrough hypertext links or other computer links. If the user decides to doubleclick on any of the links contained on any Hilti Web site, it will leave thisWeb site. Hilti, as provider of this site, will bear no liability to any usernor endorse nor take any responsibility for the contents, graphics, data and/orany other information on the site to which the user will be transferring. F.Standard transactions Youacknowledge and agree that when you purchase Hilti products or services throughthis Web site Hilti's standard Terms and Conditions of Sale shall applyto all transactions. G.Communications 1.All information communicated to Hilti through this Web site may be used byHilti in accordance with our Privacy Policy. 2.Hilti takes a very serious approach to the issue of data protection. Our policyis set out in our Privacy Policy which appears at this Web site's registrationpage. So that we may comply with our legal obligations, you are required toread and agree to the Privacy Policy should you register any personal detailswith Hilti through this Web site. If you do not agree to the Policy, you willnot be able to become a registered user of the Web site. 3.It is your responsibility to ensure that the information which we hold aboutyou is up to date and accurate. 4.Hilti reserves the right to modify, add or change any Hilti Web site, thisAgreement, the Privacy Policy and any Terms and Conditions of Sale inorder to keep this Web Site up to date. Any such changes will be effectiveimmediately when posted on the Web site. It is your responsibility as a user ofthe Web site to ensure that you are aware of any such changes and you will bedeemed to have accepted them if you access the Web site after any changes havebeen made. H.Taxes Anyprices contained on this Web site may not include Goods and Services taxes,sales, use, excise or similar taxes. You agree to pay any Goods and Servicestaxes, sales, use, excise or similar tax connected with your purchase ofHilti products, or to provide Hilti with tax exemption certificates acceptableto taxing authorities and to indemnify Hilti from payment of all such taxes. I.General ThisAccess Agreement shall be governed by the laws of Australia and New SouthWales. The user and Hilti hereby submit to the exclusive jurisdiction ofthe Australian courts. |