general conditions of use
Any product or service provided by us is done so subject to these website terms of use and the
Terms and Conditions of Sale and any terms and conditions relating to any particular product or service. In the event of any inconsistency between the website terms of use and the
Terms and Conditions of Sale the
Terms and Conditions of Sale will prevail.
information service
All information provided by us pursuant to these terms of use is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time.
In addition, we do not make any representations or warranties that the information (including, but not limited to, graphic information) we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek advice before acting or relying on any information or material which is made available to you.
sale of goods
You may offer to purchase goods described on this website for the price specified on this website. Your order is subject to the
Terms and Conditions of Sale on this website, or as subsequently described to you.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the product in question.
disclaimer
We do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any link to any other website (
Linked Website). Nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
exception to disclaimer
This disclaimer set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Nothing in this disclaimer is intended to exclude, restrict or modify a consumer`s rights under the National Consumer Credit Act 2009.
Nothing in this disclaimer is intended to exclude ENSPEC Pty Ltd`s obligation under any product warranty that ENSPEC Pty Ltd has given. In the event of any inconsistency between these website terms and any product warranty given by ENSPEC Pty Ltd the terms of the product warranty will prevail.
specific warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own
computer system. For the removal of doubt, we do not accept responsibprivacyility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website
without our written permission.
trade marks
Except where otherwise specified, any word or device to which is attached the TM is the trade mark and to which is attached the ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our products or services (including this website).
restricted use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
linked websites
This website may contain some hyperlinks to other third party websites. These sites have not been prepared by us and are not under our control. Those Linked Websites are provided for your convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
currency & GST
All prices shown listed by us are in Australian dollars. All prices include Australian Goods and Services Tax where applicable and are based on the ENSPEC Pty Ltd then current price list (which lists prices as GST exclusive), subject to variation in accordance with the
Terms and Conditions of Sale
privacy policy
We undertake to comply with the terms of our
Privacy Policy which is found on this website.
security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
indemnity
You agree to indemnify us at all times against any loss, damage or cost (including consequential loss or damage) suffered or incurred by us as a direct or indirect result of any inaccurate or incomplete information provided by you to us or any breach by you of any of your obligations under these terms of use.
termination of access
Access to this website may be terminated at any time by us without notice. The provisions in these terms relating to copyright, trade mark, disclaimer, limitation of liability, Linked Websites and governing law will survive any termination.
partial invalidity
If any provision of these terms of use is or becomes invalid or unenforceable, that provision will be deemed deleted from these terms of use. The invalidity or unenforceability of that provision will not affect the other provisions of these terms of use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
governing law
These terms of use will be subject to the laws of Australia and the users of this website submit to the exclusive jurisdiction of the Australian courts.
forums
If this website contains chat rooms, bulletin boards or any other communication forums (
Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum you will not:
(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
(c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
(d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and
(e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by ENSPEC Pty Ltd and have not been reviewed, screened or approved by ENSPEC Pty Ltd.
ENSPEC Pty Ltd, at its sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any user access to this website or any portion of it.
contacting ENSPEC Pty Ltd
If you have any questions or concerns in relation to the website or these website terms of use or the
Terms and Conditions of Sale, please
contact ENSPEC Pty Ltd.