terms & conditions
By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
- Licence to use Site
We grant you a non-exclusive, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.
- Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for your own personal informational purposes, not for commercial use; and (b) the content of the Site and any Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, transmit or distribute any information from this Site in whole or in part without the express authorisation of Schiavello.
- Use of Site
Any use of the Site, software and accompanying documentation you download from the Site is subject to these Terms.
- Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access areas of the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Schiavello immediately of any unauthorised use of your password(s).
- Termination of Use
You agree that Schiavello may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site, without giving you any explanation or justification for the termination of your access. Schiavello will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Site. These Terms terminate automatically if, for any reason, Schiavello ceases to operate the Site.
- Third Part Web Sites, Content, Products and Services
The Site may provide links to the websites and access to content and services from third parties, including users and affiliates of Schiavello. You agree that Schiavello is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Schiavello is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Schiavello is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Schiavello is not responsible for any loss or damage of any sort you may incur from dealing with any third party. *Please note that the image representing malleability used on this website is illustrated by Patrick Hoesly from www.zooboing.com
Except where expressly provided otherwise, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. To the extent permitted by law, Schiavello expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.Schiavello makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Site will meet your expectations.
These terms are to be read subject to any legislation which prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the greatest extent possible, we limit our liability in respect of any claim to, at our option: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired, and (b) in the case of services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and use. Schiavello shall have no responsibility for any damage to your computer system or loss of data that results from any software virus, the download of any content, materials, information or software.
- Alteration of Terms and Content of Site
Schiavello reserves the right to make changes to these Terms: (a) without further notice to you; and (b) without giving you any explanation or justification for such change. In addition, Schiavello reserves the right to modify any and all content, including but not limited to, product brochures and specifications, the functionality and operation of the Site without notice.
- Limitation of Liability
To the full extent permitted by law, in no event shall Schiavello be liable for any direct, indirect, incidental, consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract, arising from your access to, or use of the Site.
You agree to indemnify and hold harmless Schiavello and its respective officers, employees and agents from and against any and all claims, liabilities, damages, losses or expenses including legal fees and costs on a full indemnity basis, arising out of or in any way connected with your access to or use of the Site.
- Intellectual Property Rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Schiavello, Schiavello own all intellectual property rights in the Site. The content and material provided on the Site is provided for personal use only and may not be: (a) 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 Schiavello.
- Copyright/Trademark Information
Copyright © 2009, Schiavello. All rights reserved.
- Contact Information
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. The severed part will not affect the validity and enforceability of any remaining provisions. This Agreement will be governed by and interpreted in accordance with the law of Victoria. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of this Agreement.