- If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to Simmonds Polishing to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that the Content may be viewed by other users of the Website and you authorise Simmonds Polishing to make such copies and amendments of the Content as Simmonds Polishing deems to be necessary at its sole and absolute discretion, in order to facilitate the posting and storage of the Content on the Website. You are responsible for any Content you post on the Website.
- You represent and warrant that you will not upload or otherwise provide any Content (including links to other websites or images), or engage in any behaviour, which:
- is inappropriate, inaccurate, profane, defamatory, fraudulent, unlawful, threatening, inflammatory, inciting hatred, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, or degrading;
- infringes the intellectual, moral or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, includes material which contains commercial advertising otherwise promoting yourself, your website or your products, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Simmonds Polishing considers to be inappropriate;
- violates any law, statute or regulation;
- forges information to disguise the origin of any Content; and
- encourages or incites any other person to engage in any of the above behaviour.
- You agree to grant Simmonds Polishing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Simmonds Polishing'ss favour.
- Simmonds Polishing does not monitor the Content posted on the Website. However, if you find any Content that breaches these Terms, please contact Simmonds Polishing, who will then make a decision in relation to whether or not the Content is to be removed.
- You agree that you will not use the Website to:
- harvest or collect email addresses or other contact information from other users;
- threaten or harass anyone;
- invade anyone's privacy;
- disrupt other users' enjoyment of the Website;
- in any unlawful manner or in any other manner that could damage, overburden or impair the Website.
- In the event that it is discovered that you have breached these Terms, you understand that Simmonds Polishing may, without limiting its other rights and remedies available at law:
- suspend or terminate your access to the Website; or
- in the event that such breach is illegal, notify the proper authorities and make available to them any Content provided by you.
- You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Simmonds Polishing.
- The Website may contain a link to a content provider's website (Third Party Website). In the event that you enter a Third Party Website via the Website, you immediately become subject to that Third Party Website's privacy policies and any other terms and conditions contained therein. The linking to a Third Party Website from the Website does not constitute endorsement by Simmonds Polishing of any material set out in the Third Party Website, or any associated organisation, product or service.
- Unless indicated otherwise, all intellectual property in the information, text, material, graphics, software, advertisements and other material on the Website is owned or licensed by Simmonds Polishing. Subject to these conditions of use, Simmonds Polishing grants to you a non-exclusive and non-transferable limited licence to view, download and use information directly accessible through the Website, in accordance with these Terms.
- You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe Simmonds Polishing'ss intellectual property in the Website and will not modify, copy, reproduce, upload to a third party, post, transmit, republish, frame, distribute or communicate any part of the Website or any information or Content contained in it or otherwise use the Website in a way which will infringe Simmonds Polishing'ss intellectual property or other rights.
- Any trademarks displayed on the Website belong to their respective owners and nothing in this Agreement or contained in the Website is to be construed as granting any licence or right of use of any trademark displayed on the Website without the express prior written approval of Simmonds Polishing or the owner of the trademark.
- Except as provided by law, the Website is provided "as is" and without any warranty or condition, express or implied.
- Simmonds Polishing does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Simmonds Polishing does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Simmonds Polishing's control. Simmonds Polishing does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Nothing on this website constitutes legal advice or any other kind of advice of any kind.
- Subject to the provisions of the Trade Practices Act 1974, Simmonds Polishing makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Simmonds Polishing makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Simmonds Polishing which are or may become linked or framed to or from the Website.
- Notwithstanding any confirmation by a content provider to the contrary, Simmonds Polishing does not warrant or represent that any information contained in or accessible through the Website is accurate and/or current. You should make your own enquiries before entering into any transaction based on the content contained on the Website.
Limitation of Liability
- You agree that Simmonds Polishing is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, punitive, special or consequential loss) arising as a result of breach of these terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
- the use of the Website;
- the use by Simmonds Polishing of information provided by you to Simmonds Polishing through the Website;
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your Website password by you or any third party to whom you have made the password available.
- Simmonds Polishing expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Simmonds Polishing'ss sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- your breach or non-observance of any clause of these Terms; or
- any breach or inaccuracy in any representations or warranties made to Simmonds Polishing.
Breach and Termination
- If you breach any provision of these Terms, Simmonds Polishing may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
Commission and Fees
- In certain cases, Simmonds Polishing may have a relationship with a third party whose website is linked to this Website. They may pay us either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.
Choice of Law and Use of Website
- These Terms are to be governed by the laws of the State of New South Wales, Australia. By accessing or otherwise using this Website, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. Simmonds Polishing has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.