Doc. Type: Public
Doc. No.: PLAU-S122022
Doc. Type: Public
Doc. No.: PLAU-S122022
1.1.The Inventory Management System allows customers of Powerlink Machine (Australia) Pty Ltd and its associated entities (Powerlink) to browse and reserve various products that have been listed for sale (Product) and grants access to other relevant information related to Product Inventory (Portal). By using, browsing and/or reading the Portal, this signifies that you have read, understood and agree to be bound by the below terms and conditions (Terms). If you do not agree with the Terms, you must cease usage of the Portal immediately.
1.2.Powerlink reserves the right to revie and change any of the Terms at its sole discretion. Any changes to the Terms take immediate effect from the date of such publication.
2.1.In order to access the Portal, you must register as a user (User). As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details) including but not limited to:
2.1.1.Mailing address
2.1.2.Telephone number
You warrant that any information you give to Powerlink in the course of completing the registration process will always be accurate, correct and up to date.
2.2.You will not be permitted from registering to become a User if:
2.2.1.You are not of a legal age or otherwise lack the capacity of entering into a binding contract under the laws of Australia; and/or
2.2.2.You are a person barred from becoming a User under the laws of Australia or other countries including the country in which you are resident or from which you use the Portal.
2.3.Users will be bound by the Terms.
3.1.As a User, you agree that you will use the Portal only for purposes that are permitted by the Terms and any applicable Australian laws.
3.2.You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your User status.
3.3.Powerlink, at it’s sole discretion, may discontinue your status as a User in the event of any conduct in breach of any of these Terms, or of any other contractual obligation(s) that you have with Powerlink.
3.4.Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Powerlink of any unauthorised use of your password or email address or any breach of security of which you have become aware.
3.5.Access and use of the Portal is limited, non-transferable and allows for the sole use of the Portal by you for the purposes of Powerlink providing services through the Portal.
3.6.You will not use the Portal for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Portal.
3.7.You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Portal without notice and may result in termination of your User status. Appropriate legal action will be taken by Powerlink for any illegal or unauthorised use of the Portal.
3.8.You acknowledge and agree that any automated use of the Portal is strictly prohibited.
4.1.All Products have warranties, all Users must refer to Powerlink’s warranty terms and conditions and comply with same.
4.2.Powerlink’s warranty terms do not exclude any such warranty guarantees provided under Australian Consumer Law.
5.1.Users may reserve Product(s) on the Portal. Powerlink will endeavour to provide accurate and up to date information on the Portal, but you acknowledge that such information may be subject to some errors (whether by technical fault on the Portal website, or from any other external factor(s) including but not limited to errors by internet service provider(s)) (Error).
5.2.In the event of an Error that prevents you from reserving any Product(s), Powerlink will endeavour to provide the Product(s) that you have reserved as soon as practicable. You acknowledge that any Product(s) reserved by you does not constitute a guarantee that binds Powerlink to provide same.
6.1.In the event that a reservation of Product(s) on the IMS requires that it be delivered to you, you acknowledge such delivery (Delivery Services) may be facilitated through third-party/ies (Delivery Service Providers).
6.2.In providing the Purchase Services, Powerlink may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Powerlink is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
6.3.In the event that an item is lost or damaged in the course of the Delivery Services, Powerlink asks that you:
6.3.1.Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
6.3.2.contact us outlining in what way the Product(s) were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7.1.The Portal, the Purchase Services and all of the related products of Powerlink are subject to copyright. The material on the Portal is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Portal (including text, graphics, logos, button icons, video images, audio clips and software) (collectively and severally, Content) are owned or controlled for these purposes, and are reserved by Powerlink or its contributors.
7.2.Powerlink retains all rights, title and interest in and to the Portal and all related content. Nothing you do on or in relation to the Portal will transfer to you:
7.2.1.the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Powerlink;
7.2.2.the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; and/or
7.2.3.a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
7.3.You may not, without the prior written permission of Powerlink and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Portal which are freely available for re-use or are in the public domain.
8.1.Powerlink takes your privacy seriously and any information provided through your use of the Portal is subject to Powerlink’s Privacy Policy.
9.1.You acknowledge that Powerlink does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
9.2.Powerlink will make every effort to ensure a Product is accurately depicted on the Portal, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Portal.
9.3.Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.4.Subject to this clause, and to the extent permitted by law:
9.4.1.All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
9.4.2.Powerlink will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Portal or these Terms (including as a result of not being able to use the Purchase Services or the late supply of Product(s)), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.5.Use of the Portal and/or any of the products of Powerlink (including the Delivery Services), is at your own risk.
9.6.Everything on the Portal, the Purchase Services, and the Products of Powerlink, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Powerlink (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the Products of Powerlink) referred to on the Portal. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
9.6.1.Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
9.6.2.The accuracy, suitability or currency of any information on the Portal, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Portal);
9.6.3.Costs incurred as a result of you using the Portal, the Purchase Services or any of the Products;
9.6.4.The Content or operation in respect to links which are provided for the User’s convenience;
9.6.5.Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Portal; and/or
9.6.6.Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10.1.Powerlink’s total liability arising out of or in connection with the Portal or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent price for any Product(s) paid by you (Purchase Price) under these Terms or where you have not paid the Purchase Price, then the total liability of Powerlink is the resupply of information or relevant service to you.
10.2.You expressly understand and agree that Powerlink, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3.Powerlink is not responsible or liable in any manner for any site content (including Content, whether by Powerlink or third-party/ies) posted on the Portal or in connection with the Portal, whether posted or caused by users of the Portal of Powerlink, by third parties or by any services in connection with the Portal offered by Powerlink.
10.4.You acknowledge that Powerlink does not provide the Delivery Services to you and you agree that Powerlink will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11.1.The Terms will continue to apply until terminated by either you or by Powerlink as set out below.
11.2.If you want to terminate the Terms, you may do so by:
11.2.1.Notifying Powerlink at any time;
11.2.2.Closing your accounts for all of the Portal services which you use; and
11.2.3.Provide notice via email to Powerlink.
11.3.Powerlink may at any time, terminate the Terms with you if:
11.3.1.You have breached any provision of the Terms or intend to breach any provision;
11.3.2.Powerlink is required to do so by law;
11.3.3.The partner with whom Powerlink offered access to the Portal to you has terminated its relationship with Powerlink or ceased to offer such access to you;
11.3.4.Powerlink is transitioning to no longer providing the Portal to Users in the country in which you are resident or from which you use the service; and/or
11.3.5.The provision of access to the Portal to you by Powerlink is, in the opinion of Powerlink, no longer commercially viable.
11.4.Subject to local applicable laws, Powerlink reserves the right to discontinue or cancel your status as User at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Portal without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Powerlink’s name or reputation or violates the rights of those of another party.
11.5.When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Powerlink have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1.You agree to indemnify Powerlink, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
12.2.all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Portal;
12.3.any direct or indirect consequences of you accessing, using or transacting on the Portal or attempts to do so and any breach by you or your agents of these Terms; and/or
12.4.any breach of the Terms.
13.1.If a dispute arises out of or relates to the Terms, either party must not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2.A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3.On receipt of notice of Dispute (Dispute Notice) by that other party, the parties to the Terms (Parties) must:
13.3.1.Within 7 days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
13.3.2.If for any reason whatsoever, 14 days after the date of the Dispute Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee;
13.3.3.The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
13.3.4.The mediation will be held in Sydney, Australia.
13.4.All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause will be confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5.If three (3) months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14.1.Your access to the Portal is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Portal, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15.1.The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16.1.Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17.1.If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.