Terms of Use 

 

OVERVIEW

Actura Australia Pty Ltd offers this website to you conditioned upon your acceptance of the terms of use stated here. By visiting our site and/ or making payment to us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”). Please read this carefully before accessing or using our website. We reserve the right to update, change or replace any part of these Terms of Use by updating this page, and it is your responsibility to check this page periodically for changes.

 

SECTION 1 – CUSTOMER PORTAL TERMS

(a)          By agreeing to these Terms of Use, you represent that you are at least 18 years of age and are      
               legally entitled to undertake the transaction contemplated on this website.

(b)          You may not use our website or products for any illegal or unauthorized purpose nor may you, in
                the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright
                laws).

(c)           We reserve the right to refuse service to anyone for any reason at any time.

(d)          You understand that credit card information is always encrypted during transfer over networks,
               whereas other content may be transferred unencrypted and involve (i) transmissions over various
                networks; and (ii) changes to conform and adapt to technical requirements of connecting
               networks or devices.

(e)          Use of this website will be governed and construed to the extent legally possible under the
               jurisdiction of New South Wales. All transactions undertaken at this website will be deemed to be
               subject to the laws of New South Wales.

 

SECTION 2 – TIMELINESS OF INFORMATION

This site may contain certain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 3 – ELECTRONIC SIGNATURES

Within this site you may be required to sign agreements, acknowledge and accept terms, or confirm certain matters electronically. This may be done via confirmation check boxes, electronic signatures and online form submissions. When you sign electronically you may be required to type in your name and select a signature font to generate an electronic representation of your signature, and you agree that this constitutes acceptance, acknowledgement and agreement of the subject matter. The logged in user shall be the sole thing identifying you as the signer.  A record of your activity will be kept which may include the date, time, internet protocol address, and other information necessary to assist us in confirming the validity of your electronic signature. You agree that all such electronic signatures are legally binding on you.

When signed, the electronically signed document will be available to you for download. You agree that it is your responsibility to download a copy for your reference, and that the provision of such a download facility fulfils any obligation requiring us to serve a copy to you. The electronically signed file will be of the PDF file type, which can be opened using any third party supporting program such as Adobe Acrobat Reader, Foxit Phantom PDF Viewer, Sumatara PDF, Nitro PDF Reader. In the instance where you require a paper copy to be mailed to you, please contact us via the contact method specified in Section 12.

 

SECTION 4 – USER IDENTIFICATION

Your username and password are for your use only and it is your responsibility to ensure that they are kept safely. Any activity on our website following the signing in with your username and password will be construed as activity undertaken by you.

In the instance where you suspect your sign-in details have been compromised, you must notify us immediately, or any activities on your user account will be considered to be undertaken by you.

 

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

SECTION 6 – PERSONAL INFORMATION

Your submission of personal information as well as all logs of your activity on this website is governed by our Privacy Policy. To view our Privacy Policy, please go to http://www.actura.com.au/privacy-policy

 

SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, or that it will always be available.

 

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Actura Australia Pty Ltd and our staff, agents, contractors, service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 11 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 12 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at enquiries@actura.com.au.