General Terms and Conditions – Toll IPEC Website
These conditions of use ("Conditions of Use") set out the conditions applicable
to your use of, including your acquisition of products or services through, this
website ("Website") by Toll Holdings Limited ABN 25 006 592 089 and its related
bodies corporate ("Toll"). Toll may amend these Conditions of Use at any time by
posting the amended terms on this Website which you acknowledge shall constitute
sufficient notice to you thereof. These Conditions of Use were last amended on 14
October 2003.
Acceptance of terms
You acknowledge and accept that by using this Website, you agree to be bound by
these Conditions of Use. If you do not agree with any of these terms, do not use
this Website.
Any use of and/or acquisition of any product and/or service offered on this Website
is subject to the applicable Toll Contract Conditions ("Other Terms and Conditions").
For a copy of the Other Terms and Conditions, click here. In the event of any inconsistency
between these Conditions of Use and any Other Terms and Conditions, the Other Terms
and Conditions prevail to the extent of the inconsistency only.
Copyright
Unless expressly indicated to the contrary, Toll or its licensors own copyright
in all texts, graphics and layouts ("Material") on this Website. Except as indicated
below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you
must not copy, modify, transmit or distribute any Material on this Website. You
acknowledge that you do not acquire any ownership rights by downloading Material
from this Website.
Reproduction
You may reproduce in whole or in part the Material only if:
- the reproduction is not for public or commercial purposes; and
- you do not remove or modify any notices of attribution of copyright or, if there
are no such notices, you clearly attribute Toll as the copyright owner or licensee
of the work.
Framing
Unless we notify you to the contrary, you may incorporate any Material or parts
of such Material on this Website into your website only if you comply with the conditions
relating to authorised reproduction set out above. You are not authorised to represent
that Toll endorses or otherwise approves of the content on or operation of your
website.
Trade marks
Toll is the owner of the Toll logo ("Toll Trade Mark"). The Toll Trade Mark must
not be used by you or any other person except as part of an authorised reproduction
of the Materials. You must not modify, or permit the modification of, the Toll Trade
Mark. Nothing contained in this Website should be construed as granting any licence
or right to use any Toll Trade Mark displayed on this Website, without the written
permission of Toll.
Disclaimer
You agree that your use of this Website (including downloading Material) is at your
sole risk.
The Material on this Website is intended to provide general information only and
may not be accurate or current. Material is provided on an "as is" and "as available"
basis. Toll and its suppliers do not warrant or make any representations concerning
the completeness, timeliness, suitability or accuracy of any Material on this Website
including, without limitation, the prices of products or services, contained on
or accessible through this Website, or that access to this Website will be uninterrupted,
timely or secure. To the extent permitted by law, in no event shall Toll and its
suppliers be liable for any damages of any kind related to the completeness, timeliness,
suitability or accuracy of any Material.
This Website may contain hypertext links, frames or other references to websites
operated by third parties ("Third Party Websites"). We cannot control the contents
of Third Party Websites, and make no warranty about the completeness, timeliness,
suitability, accuracy or subject matter of the Material located on Third Party Websites.
We do not approve of, endorse, or sponsor any content or Material on Third Party
Websites.
We make no warranties or representations that use of Material on Third Party Websites
to which this Website is linked does not infringe the intellectual property rights
of any person anywhere in the world.
We are not, and must not be taken to be, authorising infringement of any intellectual
property rights contained in Material on Third Party Websites by linking to such
Material or allowing such Material to link to this Website.
Limitation of liability
To the maximum extent permitted by law, under no circumstances will Toll be liable
for any indirect, incidental, special or consequential damages, including damages
for loss of business or other profits, arising out of or referable to the accessing,
downloading, using or relying on any Material on this Website or any Material on
a Third Party Website, whether caused by the negligence of Toll or otherwise.
The liability of Toll for a breach of a condition or warranty implied by law and
which cannot be excluded, is limited, to the extent possible, at Toll's option,
to:
- the supply of the goods or services again; or
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
Virus warning
Toll does not represent or warrant that any files obtained from or through this
Website are free from computer viruses or other defects, including trojan horses
and worms. Any such files are provided, and may only be used, on the basis that
the user of such files assumes all responsibility for any loss, damage or consequence
resulting directly or indirectly from use of those files.
Indemnity
You agree to defend, indemnify and hold Toll, its directors, officers and employees,
harmless from any and all liabilities, costs and expenses, including reasonable
legal fees, related to any breach of these Conditions of Use by you, or (to the
extent permitted by law) in connection with your use of this Website or the placement
or transmission of any Material on this Website by you.
Revisions
Toll reserves the sole right to either change, modify, delete or add any Material
on the Website or discontinue your access to the Website including any features
on it at any time with or without notice to you. Toll is not liable to you or to
any third party should it exercise such right. Modifications may include, but are
not limited to, changes in the services and/or products listed and/or the prices
of such services and/or products.
Toll may, in its sole discretion, terminate or suspend your access to all or part
of this Website for any reason. Any suspected abusive or illegal activity may result
in termination of your access and the activity may be referred to appropriate law
enforcement authorities.
Concerns regarding Conditions of Use
Should you object to the Conditions of Use or any subsequent modifications thereto
or become dissatisfied with this Website, your only recourse (to the extent permitted
by law) is to immediately terminate your use of this Website.
If you have any issues and/or questions with these Conditions of Use or any rule,
policy, guideline or practice which Toll uses to operate this Website, please contact
us at the address below and we will be happy to respond to your concerns.
Toll Holdings Limited,
Level 8/380 St Kilda Rd,
Melbourne 3004,
Telephone: (03) 9694 2888,