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Website terms of use

Introduction

These Terms of Use relate to the website www.advateklights.com (“Site”) operated by Advatek Lighting Pty Ltd ABN 23 164 273 107 (referred to in these Terms of Use as “Advatek”, “we”, “our” or “us”).

Consent: By accessing and/or using this Site, you agree to the following terms and conditions (“Terms of Use”), as may be updated by Advatek from time to time. Please read these Terms of Use carefully and immediately cease using our Site if you do not agree to them.

Variations: Advatek reserves the right to amend these Terms of Use and the Site or any page or content on the Site, from time to time. We may, at any time and at our sole discretion, vary these Terms of Use, the Site or any page or content on the Site. We recommend you check our Site regularly to ensure you are aware of our current terms and to take note of any changes we may have made to the Terms of Use. Materials and information on this Site (“Content”) are subject to change without notice.

Your continued use of the Site will represent an agreement by you to be bound by the terms and conditions as amended.

Privacy Policy: Our privacy policy, which sets out how we will collect, use and hold your personal information, can be found at www.advateklights.com/privacy-policy. By using this Site, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

Prohibited conduct

You must not:

  • misuse, do or attempt to do anything that is unlawful, or prohibited by any laws applicable to our Site, or which we consider inappropriate, or which might bring us or our Site into disrepute;
  • breach any intellectual property rights connected with our Site or the Content;
  • manipulate, copy, alter, store, tamper with, reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content or otherwise use any Content , in whole or in part, without the prior written consent of Advatek;
  • link to the Site if advised by Advatek not to do so;
  • commit or encourage a criminal offence using the Site;
  • do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • use our Site to defame, harass, threaten, menace or offend any person;
  • infringe upon the rights of any other person’s proprietary rights using any material on or obtained from our Site;
  • tamper with or modify our Site;
  • hack into, corrupt data or cause annoyance to or interfere with any other users of our Site;
  • transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or privacy, or in any way offensive or obscene via our Site or that may damage or interfere with our Site;
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Site;
  • use our Site to send unsolicited email messages, advertising or promotional material, commonly referred to as “spam”; or
  • facilitate or assist a third party to do any of the above acts.

Information

Any information or Content provided on the Site may not be comprehensive, is provided in good faith and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Advatek nevertheless reserves the right to update the Content or the Site at any time. If you intend to act on the basis of any Content on the Site, you should seek advice, or should satisfy yourself as to the suitability of any proposed products and/services provided by Advatek, before you act or rely on any Content which is made available to you.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third Party Sites

Our Site may contain links to external websites, which are not operated by Advatek (“Linked Sites”). These links are provided as a convenience to you. Unless expressly stated otherwise, we are not affiliated with these Linked Sites and accordingly have no control, and are not responsible for their content, privacy practices or other policies. Advatek accepts no liability for the Linked Sites or for any loss or damage that may arise from your use of them and your use of the Linked Sites will be subject to the terms of use contained within each such site. You should make your own investigations with respect to the suitability of any Linked Sites.

Discontinuance and access to Site

From time to time and without notice, we may, restrict access to some parts of or all of this Site or discontinue or terminate access to this Site in whole or in part. We will not be liable if for any reason this Site is unavailable at any time or for any period and we reserve the right to withdraw or amend the Site in whole or in part without notice.

We may also exclude any person from using our Site, at any time and at our sole discretion.

Warranty and disclaimers

To the maximum extent permitted by law and subject to any non-excludable consumer guarantees and other non-excludable consumer protection provisions set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth), we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of Liability

To the maximum extent permitted by law, and subject to any liabilities which cannot be excluded under applicable laws, we will not be liable for any loss, damage or expense, howsoever arising (including by negligence), whether direct or indirect and/or whether present, unascertained, future or contingent, (Liability) suffered by you or any third party, arising from or in connection with the use of our Site and/or the Content.

To the maximum extent permitted by law, Advatek will not be liable for any special, consequential or incidental damages including damages for loss of business or other profits, arising from or in relation to use or access of or inability to use or access the Site and/or the Content and/or the Linked Sites.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a guarantee into these Terms of Use which may not lawfully be excluded, Advatek’s liability for breach of such guarantee shall be limited at its option, to any one or more of the following:

(a) in the case of goods: replacing the goods or supplying equivalent goods; repairing of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services: supplying the services again or payment of the cost of having the services supplied again.

If, notwithstanding the other provisions of these Terms of Use, Advatek is found to be liable for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, to the maximum extent permitted by law, Advatek limits it’s maximum aggregate liability to no more than AUD $100.

Indemnity

You indemnify and hold harmless Advatek, its directors, officers, employees, consultants, agents and affiliates from any liability, claims, damages or costs (including, but not limited to, legal fees) arising from or in connection with your use of our Site or any breach of these Terms of Use or any applicable laws by you. It is not necessary for Advatek, its directors, officers, employees, consultants, agents or affiliates to suffer or incur any liability before enforcing a right of indemnity under these Terms of Use.

Severance

If any part or provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use.

Jurisdiction

Your use of our Site and these Terms of Use are governed by the laws of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and any Courts entitled to hear appeals from those Courts and waive any right to object to proceedings being brought in those Courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Intellectual Property rights

Unless otherwise indicated or as otherwise may be the case, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of the Content including but not limited to the firmware. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

Contact

If you have any questions, concerns or complaints or if you wish to provide a notice to us, please contact us at:

Advatek Lighting Pty Ltd ABN 23 164 273 107

Mail: U1, 3-5 Gilda Court, Mulgrave VIC 3170, Australia Phone: +61 3 8400 4566 Email: support@advateklights.com