These terms and conditions (Website Terms) are between you and Boardtrac (we, our or us) and govern your use of our Website located at www.boardtrac.com.au. By using this Website you agree to be bound by and abide by these Website Terms.
Purpose of this Website
The purpose of this Website is to provide information about our Boardtrac products and services.
Information on this Website
All information set out on our Website (Information), is provided for general information purposes only. We make no warranty about the accuracy, completeness, reliability or timeliness of the Information or any services provided through the Website. You are solely responsible for the consequences of your use of any Information, including any decision to act or not act on the basis of the Information.
This Website may be accessed from outside Australia. We make no representation that the Information or this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Ownership of Content
In these Website Terms, intellectual property rights means all intellectual property rights, including patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential; any application or right to apply for registration of any of the rights referred to in this paragraph; and all rights of a similar nature to any of the rights in this paragraph that may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.
Links to other websites
This Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.
We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.
Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Website Terms.
Your use of, and reliance on, this Website (including all Content) is entirely at your own risk.
Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of loss incurred by you or anyone else in connection with this Website (including any Content), however incurred, including (without limitation) liability for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any other economic, special, direct, indirect or consequential loss, harm, damage, cost or expense (including legal fees).
Changes to Website Terms
We may change these Website Terms at any time without notice to you. You agree to be bound by the changed terms if you use this Website after the terms have changed.
These Website Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.