1. Terms of Access to the Website
1.1 This Website, www.musto.com.au, (referred to in these Terms of Access as the Website) is owned and operated by Musto Australasia Pty Ltd (Owner) on the World Wide Web (WWW).
1.2 The material on the Website is copyright © 2006 Musto Australasia Pty Ltd or their respective owners.
1.3 The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out below.
2. Use of Material on the Website
2.1 Except for the limited use set out in paragraph 2.2 you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) ‘framing’ the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2.2 Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
2.3 You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
2.4 The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of the Owner.
3. Disclaimers
3.1 Whilst the Owner takes care to ensure the accuracy of the content, to the extent permitted by law, the Owner assumes no legal liability for and does not warrant that the information contained on the Website is accurate or complete, or that these web pages will be free from errors or that its availability will be uninterrupted and the Owner hereby expressly disclaims and excludes all express and implied warranties terms or conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. The Owner excludes all liability to any person for any loss or damage caused by any errors or omissions, whether such errors or omissions result from negligence, accident or any other cause but this disclaimer is without prejudice to any claims for fraudulent misrepresentation, personal injuries or death.
3.2 The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
3.3 The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
3.4 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
4. Links to other Websites
4.1 The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
4.2 In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site or the products referred to in such sites;
(b) is not responsible for the material contained on those linked sites;
(c) assumes no responsibility for the content or reliability of material created or published by third parties on sites on the WWW which are linked to or from the Website, or for third party products referred to in such sites; and
(d) cannot guarantee that these links will work all of the time and the Owner has no control over the availability of linked sites.
5. Online Privacy Statement
5.1 The Owner respects your privacy. The Owners want to make use of Individual Identifying Information that you provide to us for purposes of serving you better.
5.2 ‘Individual Identifying Information’ is information that enables the Owner to identify you, such as your email address, name, title and address. The Owner uses the Individual Identifying Information in order to personalise your experience on the Website and also to be able to selectively send you communications that may be of interest to you, either electronically or otherwise. The Owner’s policy regarding use of your Individual Identifying Information supplied to us or collected via your experience at our online Website covers these areas:
(a) Notice and Disclosure
This Online Privacy Statement is made available to you in order to make you aware of how the Owner collects and uses Individual Identifying Information of visitors to the Website. The Owner collects the following information regarding visitors to our website: domain name, name, information regarding what pages are accessed, information volunteered by you, such as survey information, email address, or site registrations, and your preferred means of communication. The Owner uses such information to contact people for marketing purposes. The Owner does not make Individual Identifying Information available to third parties, including business partners, for marketing purposes.
(b) Choice/Consent
New registrants to the Website have the choice to opt out of having Individual Identifying Information provided in the registration process used for any purpose unrelated to the purpose for which the information was provided to us. When you sign up for an email list, you will be given instructions at that time on how to remove yourself from that list. Access to some of the Owner’s web pages may require a login and password.
(c) Data Security
The Owner is committed to taking reasonable steps to protect the Individual Identifying Information that you provide to us.
(d) Cookies
(i) A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of this site like the kit list use cookies.
(ii) If you prefer not to receive cookies on this web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
(e) Privacy Policy
(i) Except as required by law, the Owner will maintain the confidentiality of all personal contact information (name, address, phone number, email address) transmitted to the Owner by the user.
(ii) The Owner may use users’ personal information for future promotional, marketing and publicity purpose in any media worldwide without notice and without any fee being paid unless otherwise advised by the user.
(iii) Any feedback you provide at this web site or to the web site managers shall be deemed to be non-confidential and the Owner will have no obligation to protect such information and may use such information in any way it chooses.
6. Termination of Access, Removal of Information and Revisions
6.1 The Owner may terminate access or make revisions to the Website at any time without giving any explanation or justification for the termination of access or revisions and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access or revising to the Website.
6.2 In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information. The Owner has no liability for any costs, losses or damages of any kind arising as a consequence of removing any material and/or information on the Website.
7. Alteration of Terms of Access
The Owner reserves the right to change these Terms of Access:
7.1 with or without further notice to you; and
7.2 without giving you any explanation or justification for such change.
8. Relevant jurisdiction
8.1 If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
8.2 This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
8.3 You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.
