Terms & Conditions

Document Description

Field Solutions Holdings Limited (ABN 92 111 460 121) and all its related bodies corporate (Field Solutions, the Company, Group, Services, Products) online presence.

We are registered and have our head office in Belrose, Sydney, Australia.

This policy explains the terms and conditions of our website and anything related to our online presence that exists directly in our control.

Contents

Terms & Conditions

Document Description

TERMS & CONDITIONS Contents

  1. Terms of use
  2. Terms and Conditions of Sale

Sale Terms

Trademarks

 

1.  Terms of use

Field Solutions Holdings (ABN 92 111 460 121) (“FSH”) maintains this website fieldsolutions-group.com (the “Site”) for your information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the “Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of FSH’s Privacy Policy.

All material on the Site is protected by copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. If you are browsing this Site as a non-commercial user, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed or available on the Site only for non-commercial purposes within your business or organization. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without FSH’s express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to FSH, its affiliates or any of its third party content providers.

Your use of the Site is at your risk. FSH makes no warranties or representations as to its accuracy or completeness. FSH specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether FSH is aware of such errors or omissions or not. To the fullest extent permitted by law, neither FSH nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by FSH of goods or services on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding the foregoing paragraph, FSH does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, FSH’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of FSH, to: (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Any and all trade marks used on the Site are either trade marks of FSH and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of FSH or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.

FSH assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. FSH also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.

FSH does not wish to receive any product, marketing, advertising or other idea that is not covered by an issued Australian patent. If you send any communication or material to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by FSH or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You grant to FSH an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, and without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.

The Site may refer to Products and or Services that are generally available for purchase in Australia. A reference to Products and or Services on the Site does not imply or warrant that the Products and or Services will be available at any time in your particular locality. You should check with your local FSH authorised representative for the availability of specific products and services in your locality.

FSH is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While FSH may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, FSH disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

Although FSH does not currently have forum section. However, if in future, forums are implemented – FSH may from time to time monitor or review related forums on the Site (“Forums”), FSH is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site any unlawful, threatening, harassing, defamatory, libellous, obscene, pornographic or profane material; any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. FSH will fully cooperate with any law enforcement authorities or court order requesting or directing FSH to disclose the identity of anyone breaching this clause.

If FSH provides you with user details to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. FSH is entitled to act on instructions received under your User Details. FSH cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.

You agree to indemnify FSH and keep FSH indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by FSH as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.

FSH may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to FSH, and any FSH disclaimers and limitations of liability will survive such termination.

Failure of FSH to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

FSH may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification You should periodically visit this page to review the then current Terms of Use.

The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and FSH. Any attempt to supplement or amend this document shall be null and void.

The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.

2.  Terms and Conditions of Sale

Sale Terms

The Terms of Use, FSH’s Privacy Policy form part of, and are hereby incorporated into, these terms and conditions of sale (collectively the “Sale Terms”).

The Sale Terms apply to your purchase of any Product or Service that exists or may exist on the Site.

FSH Australia Limited (ABN 59 001 215 354) (“FSH”) shall either by itself or through its subcontractors sell and you shall purchase the products and services offered for sale on the Site (“Products”) in compliance with the Sale Terms. FSH is entitled to appoint subcontractors to provide the Products and to perform any act of FSH contemplated under this Contract. All orders placed by you on the Site (“Orders”) are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing.

An Order placed by you on the Site is an offer by you to purchase a particular Product. FSH or its subcontractors reserve the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product. The contract to purchase a particular Product only comes into existence upon acceptance by FSH or its subcontractors of your Order. Products are subject to availability. In the event of shortage, FSH may allocate sales and deliveries in its sole discretion.

FSH or its subcontractors will only accept Orders for delivery of the Products if the delivery address is a street address in Australia and only if you if you are a resident of Australia and over the age of 18 years. FSH or its subcontractors reserve the right to limit the quantity of Products purchased by you.

The price of a Product shall be as stipulated on the Site at the date of placement of your Order. Unless otherwise indicated on the Site, all prices include all Australian taxes.

Unless otherwise indicated on the Site, you will be responsible for payment of all transport and delivery charges for your purchases on the Site. FSH or its subcontractors shall endeavour to arrange to deliver the Products to the delivery point in Australia designated by you on your Order. FSH or its subcontractors will use its discretion in selecting a reputable carrier and appropriate means of shipment. Any dates quoted by FSH or its subcontractors for delivery of the Products are estimates only and shall not form part of the Sale Terms.

FSH or its subcontractors must receive full payment of the price of the Products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on the Site.

Where the Products are to be delivered by instalments, each instalment shall be deemed to be the subject of a separate ament and no default or failure by FSH or its subcontractors in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that FSH or its subcontractors give notice to you that it is unable to deliver any instalment of the Products, you shall be deemed to have accepted those instalments already delivered but FSH or its subcontractors may reimburse the price of the undelivered Products which have been paid for by you.

If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, FSH or its subcontractors shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then risk in the Products shall pass to you, delivery shall be deemed to have taken place, and you shall pay to FSH or its subcontractors all costs and expenses (including storage and insurance charges) arising from your failure.

Unless you notify FSH to the contrary by telephone, facsimile transmission or telex within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by FSH, the Products shall be deemed to have been accepted by you as being in good condition and in accordance with the Sale Terms.

Title and risk of loss or damage to the Products shall pass to you on the physical delivery of the Products to the address identified by you in the Order. Notwithstanding the foregoing, title to the Products which are software products shall remain with the applicable licensor(s).

In no event shall FSH or its subcontractors be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms, or from the furnishing, performance or use of any goods or services sold or provided pursuant to the Sale Terms, or due to late delivery or non-delivery of the Products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.

Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

FSH may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time. You agree that changes may occur between any Product shipped to you and the Products described in marketing materials.

You agree and warrant that the purpose of purchasing the Products is for your own internal use only, and not for resale. FSH or its subcontractors shall be entitled to refuse to accept orders placed by you if you breach or FSH or its subcontractors, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the Products for resale.

You agree to comply with all applicable export laws, regulations and orders of Australia. Specifically, but without limitation, you agree not to re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining FSH’s prior written consent and the appropriate export or re-export licenses from the Government of Australia.

FSH or its subcontractors shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.

An attempt by you to enter an Order which is subject to additional or altered terms and conditions shall be null and void.

Check that the product and or service is definitely a “genuine” FSH product and or service and not a “copy” or “fake”.

Trademarks

The trademarks, logos, and service marks shown on the Site (collectively the “Trademarks”) are trademarks of FSH and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of FSH or such third party owner. The trademark “FSH” and any other product names, service names or logos of FSH used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of FSH Corporation or any of its affiliates. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.

 

Dated: 27-Oct-2017