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Cabletrack Australia - Terms of Service

CABLE TRACK WEBSITE TERMS AND CONDITIONS

A. Ampcontrol has developed Cabletrack, being a piece of Website offered via a web interface designed for the asset management of power cables, control cables and products associated with cables (“the Website”).

B. User wishes to use the Website on the terms contained in this Agreement.

IT IS AGREED THAT:

1. Use of Website
        a. Ampcontrol provides to User a revokable and non-transferrable licence to use the Website in its ordinary course of business.

2. No warranty
        a. Ampcontrol provides the Website “as-is” and does not warrant or represent that the Website will be free from defects, errors or Computer Viruses. Ampcontrol does not warrant or represent that the Website is fit for any particular purpose or of merchantable quality, nor that its use will be continuous and uninterrupted. User adopts the entire risk as to the performance and quality of the Website
        b. User acknowledges that Ampcontrol-Provided Information may be provided to it by Ampcontrol from time to time. Any Ampcontrol-Provided Information is for User’s convenience only and, to the fullest extent permitted by law, no warranty is offered by Ampcontrol in respect of the completeness or accuracy thereof.
        c. User acknowledges that, as part of the normal function of the Website, User may be capable of inputting User Information into the Website. Ampcontrol accepts no responsibility, provides no warranty, and makes no representation, in respect of any User Information. For the avoidance of doubt, Ampcontrol will not in any circumstances be liable for any loss, corruption or unauthorised use of User Information.
        d. Ampcontrol provides no warranty as to the lawfulness of the use of the Website outside of Australia. User’s use of the Website outside of Australia is at User’s own risk.
        e. All warranties, conditions or terms implied by law are, to the fullest extent possible under law, excluded from this Agreement.

3. Intellectual property
        a. User acknowledges that Ampcontrol owns all intellectual property in the Website, including in all materials, text, graphics, names, logos and trademarks contained therein.
        b. User must not modify, copy, reproduce, republish, transmit or distribute the Website, or any part thereof, in any way, without the prior written consent of Ampcontrol.
        c. User acknowledges that Ampcontrol may have access to User Information. User grants to Ampcontrol a worldwide, royalty-free and irrevocable licence to store, access, view and otherwise use the User Information. Ampcontrol will not transfer the User Information to any third party (excluding related bodies corporate of Ampcontrol) without User’s prior written consent. Any intellectual property subsisting in the User Information (including in copyright, patent or trademark) remain the property of User.

4. Liability
        a. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, Ampcontrol will have no liability whatsoever for any damage, loss, cost or expense arising in any way in connection with this the Website or this Agreement.
        b. For the avoidance of doubt, Ampcontrol will under no circumstances be liable for any consequential or indirect loss arising in connection with this Agreement, including, without limitation:
                i. business interruption;
                ii. increased financing costs;
                iii. loss of business;
                iv. loss of contract;
                v. loss of data;
                vi. corruption of data;
                vii. interruption, shutdown or failure of computing system/s; and
                viii. damage or loss caused by any Computer Virus.

5. Termination of this agreement
        a. Ampcontrol may, at any time, for any reason and in its sole and unfettered discretion, terminate this Agreement and/or indefinitely suspend User’s use of the Website.
        b. Either party may terminate this Agreement at any time in writing signed by both parties.

6. General
        a. If any provision of this Agreement is found to be void, unenforceable or otherwise of no effect, it is treated as removed from the Agreement and the remaining provisions will remain in force.
        b. This Agreement may only be amended in writing signed by both parties.
        c. This Agreement supersedes all previous contracts, arrangements, understandings and negotiations concerning its subject matter.
        d. Each party must pay its own legal costs and expenses in respect of the negotiation, preparation and completion of the contract.
        e. Each party must take do all things reasonably necessary in order to give effect to this Agreement.
        f. User may not assign this Agreement or any rights arising thereunder without the prior written permission of Ampcontrol.
        g. Nothing in this Agreement shall be construed as creating any relationship of partnership, joint venture, fiduciary, employee or contractor.
        h. This Agreement is governed by the laws of the state of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state in resolving any dispute arising under this Agreement.

7. Definitions
        a. Throughout this Agreement, the following definitions apply:
                i. “Ampcontrol-Provided Information” means information provided by Ampcontrol to User in connection with this Agreement which is in any way connected with User’s use of the Website.
                ii. “Computer Virus” means adware, malware, spyware or any other unwanted or malicious code or software.
                iii. “User Information” means any data, information or any other material whatsoever inputted by User into the Website, including, without limitation, the quantity, quality and location of power cables.