Website Terms of Use

TERMS OF USE OF THIS WEBSITE

The following terms and conditions (Terms of Use) along with the Replicat Privacy Policy (Privacy Policy) govern your use of the Replicat website at www.replicat.com.au (Website) provided by Replicat Pty Ltd (“we”, “us”, “Replicat”) to you.

Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website.

Replicat may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Website. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified agreement.

1.      Website Information

While Replicat endeavours to ensure that the information provided on its Website is current and accurate, Replicat does not give any guarantee regarding that information. Replicat gives no undertaking as to the availability of any goods or services described on the Website.

2.      Restrictions On Use

Domestic and international copyright and trademark laws protect the entire contents of the Website, including any trade marks, brands, logos or other materials found on the Website. The owners of the intellectual property, copyrights and trade marks are Replicat, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Website, including text, graphics, code and/or software.

Material from www.replicat.com.au and any other website owned, operated, licensed, or controlled by Replicat or any of its related, affiliated, or subsidiary companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Replicat. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Replicat for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Replicat.

3.      Restriction of Liability

Replicat will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Replicat will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or Replicat or an authorized representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

4.      Ideas and Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Replicat through this Website (together, "Submissions") will forever be the property of Replicat. Replicat will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Replicat operations.

Without limitation, Replicat will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Replicat will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

You acknowledge that you are responsible for whatever material you submit, and you, not Replicat have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

5.      Privacy

Replicat will deal with any personal information collected in relation to your use of this Website in accordance with applicable law and Replicat's Privacy Policy (available at www.replicat.com.au).

6.      Information on this Website

The material in this Website could include technical inaccuracies or typographical errors. Replicat may make changes or improvements at any time. The materials in this Website are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Replicat does not accept liability for any loss or inconvenience caused by errors or omissions in the information presented on the Website and disclaims liability for any errors or other inaccuracies relating to, the information and descriptions displayed on the Website.

7.      Data Transmissions

No data transmission over the Internet can be guaranteed as totally secure. Whilst Replicat strives to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. Nonetheless, once we receive your information, we will use reasonable efforts to preserve the security of your information.

8.      Disclaimer

To the extent allowed by applicable law, Replicat disclaims all warranties, conditions and guarantees, including warranties of merchantability and fitness for a particular purpose. Replicat does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Replicat does not warrant or make any representations regarding the use of or the result of the use of the material in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Replicat) assume the entire cost of all necessary servicing, repair or correction.

To the extent that any terms implied by law are deemed not excludable by law (non-excludable terms), Replicat’s liability for those non-excludable terms will be limited to (at Replicat's sole discretion): (a) the repair, replacement or re-supply of those goods or services; or (b) the payment of the cost of such repair, replacement or re-supply (as applicable).

9.      Termination

Replicat or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Website, and (b) all related documentation and all copies and installations (together, the "Materials"). Replicat may terminate this agreement immediately without notice if, in its sole judgment, you breach these Terms of Use. Upon termination, you must destroy all Materials and must cease using the website. Our disclaimers will continue to survive any termination of your access to the Website or these Terms of Use.

10.   Indemnification

You agree to indemnify, defend and hold harmless Replicat, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of the Website.

11.   Compliance with Applicable Laws

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

12.   Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Replicat shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

13.   Links

The Site may provide, or third parties may provide, links to other (third party) websites or resources. Because Replicat has no control over such websites and resources, you acknowledge and agree that Replicat is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

You further acknowledge and agree that Replicat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

14.   Miscellaneous

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Victoria, Australia and the non-exclusive jurisdiction of the courts exercising jurisdiction in that place, notwithstanding any principles of conflicts of law.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use form the entire agreement between the parties relating to the use of this Website, and supersede any prior conduct, arrangement, agreement or understanding in relation to the subject matter of these Terms of Use.