WEBSITE TERMS AND CONDITIONS OF USE

1. Acceptance

This Website (this site) at www.otter.com.au is owned and operated by Airco Fasteners Pty Ltd ('we', 'us' or 'our').

By using this Site you agree to the following terms and conditions of use ('Terms') and warrant that you have the legal right to do so. Please read these Terms carefully. If you do not agree to abide by them please leave this Site.

2. Ownership of intellectual property

2.1 We own the intellectual property in the content on this Site, including copyright, trademark, patent and design rights ('the Content'), unless otherwise indicated.

2.2 In addition, some Content may be reproduced by us under licence to third parties, including our Members.

3. Licence and obligations

3.1 Except as provided below, you have a non-exclusive right ('Licence') to access and use the Content for non-commercial private use or otherwise with our written consent.

3.2 You must not copy, modify or publish this Site or any of the Content, except with our express written consent, where permitted by law or where authorised by these Terms.

3.3 You must not interfere with the operation of this Site, including adding to, removing from or altering any of its content.

3.4 If you take a copy of any Content you must ensure that any copyright notice attached to that Content is reproduced as well.

3.5 You must obtain our permission to use our name or any other trade marks (including logos) or any intellectual property on this Site in any other material, including, without limitation, any material on your web site or a website controlled by you. 

4. Links to third party websites

4.1 You must not create a link to this Site without our consent.

4.2 This Site contains links to sites on the World Wide Web ('WWW') which are owned and operated by third parties and which are not under our control. We provide those links as a convenience to you but the existence of those links does not imply any endorsement by us of the linked site and we are not responsible for their content.

5. Limitation of liability

5.1 Your use of this Site and Content is at your own risk.

5.2 We can't guarantee that the Content will always be accurate, complete or suitable for a particular purpose or that this Site will be free from viruses, faults or defects. In addition, we are not responsible for anything outside our reasonable control, including, without limitation, delays or failures caused by third parties. 

5.3 As far as the law permits, we are not liable for any loss, damage, liability or expense you incur or suffer as a result of your use of any of the Content and exclude all express or implied warranties in relation to that Content.

5.4 If legislation implies terms into these Terms which cannot legally be excluded, those terms will apply. However, if we breach any of those terms our liability is limited to any of the following (at our discretion): 

(a) in the case of goods -

(i) the replacement or repair of goods or the supply of equivalent goods; 

(ii) paying for the cost of replacing or repairing the goods or acquiring equivalent goods; or 

(b) in the case of services -

(i) re-supplying the services; or

(ii) paying for the cost of having the services re-supplied.

5.5 If we are liable in contract, tort, equity or by statute in relation to this Site or your use of this Site, our liability is limited to the amount of any loss or damage suffered by you due to personal injury or property damage. We are not liable for:

(a) any special, indirect, incidental, consequential or economic loss or damage (whether or not the possibility of those losses or damages being suffered is brought to our attention) arising in relation to this Site or your use of it; and

(b) any loss or damage arising as a result of your wilful or negligent conduct. If we suffer loss or damage as a result of such conduct, you must indemnify us for that loss or damage.

6. Termination 

If you breach any of these Terms, we may decide (at our absolute discretion) to suspend or permanently block your access to this Site or any of the Content.

7. Cookies

You acknowledge that if you disable the use of cookies on your web browser or remove or reject specific cookies from this Site, then you may not be able to gain access to all the Content and facilities of this Site. 

8. Privacy

We have a privacy policy which sets out our policies and practices in relation to the collection, use and handling of personal information. From time to time we may amend this policy and you are encouraged to review it regularly for any amendments. By using this Site you warrant that you have read and understood this policy as amended from time to time.

9. Severability

If a clause or part of a clause in the Terms can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If that clause or part of that clause cannot be read in that latter way, that clause or part is to be treated as being removed from these Terms and the rest of these Terms remain in force.

10. Waiver

A waiver by us is only effective if it is in writing and only in relation to matters specified in that waiver. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

11. Alteration of the Content and Terms

We reserve the right to alter this Site or the Content without having to tell you. We reserve the right to make changes to these Terms and we may give you notice of those changes (including by e-mail).

12. Governing law

These Terms are governed by and construed according to the law of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State. 

13. Entire Agreement

These Terms constitute the entire agreement in relation to their subject matter and replace any prior understanding or agreement in relation to that subject matter.

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