TERMS AND CONDITIONS
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This website is owned and operated by Vistrak Pty Ltd. (Vistrak).
Use of our website is subject to terms and conditions governing our relationship with you, both when you access our website; and when you enquire about products and services from us or through this Website. By continuing to use the Website in any way, or by enquiring about products or services from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
Access to Website
1.1 If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it.
1.2 Any changes to the terms and conditions will be highlighted in bold for a period of 14 days following the changes being made. You must stop using the Website if you do not agree to any change in our terms and conditions. You are deemed to accept the changes if you continue to use the Website after the changes have been made available on the Website.
1.3 It is your responsibility to check the terms and conditions for changes when you use the Website. Vistrak does not have any responsibility to inform you of changes beyond the requirements in clause 1.2 above.
2.1 Vistrak does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).
2.2 Vistrak is not responsible for any loss or damage arising from your actions that result in voiding the warranty of a product purchased from us.
2.3 To the greatest extent permissible by law, Vistrak gives no warranty and makes no representation, express or implied, as to:
2.3.1 the adequacy or appropriateness of any goods or services supplied by us to you for your particular needs or purposes;
2.3.2 the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us; or
2.3.3 merchant ability or fitness of any products or other goods or services for a purpose other than that for which they are commonly used;
2.4 Vistrak is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the products you purchase from or through us.
2.5 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the products you have purchased, or the resupply of those products.
Content and Intellectual Property Rights
3.1 Vistrak’s products and services form the Intellectual Property of Vistrak. Parts of the Vistrak system are the subject of patent applications, or protected by copyright. Accordingly, any attempt to reproduce or replicate Vistrak’s software or systems is strictly prohibited. Vistrak will not hesitate to enforce its intellectual property rights to the fullest extent permitted by law.
3.2 The content and design of the Website, and the typeface, imagery and logos used to depict the goods on our Website form part of our intellectual property. Products also are the subject of our intellectual property. Vistrak will defend the intellectual property rights in connection with our goods and the Website.
3.3 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.
3.4 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, or seek to replicate Vistrak’s products or services in whole or in part.
3.5 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
4.1 Vistrak will do its best to maintain the Website so that you have constant use, but there will be times when your use may be nterrupted.
4.2 You agree that you will not, and will not allow any other person to:
4.2.1 use the Website or our products or services for any illegal, unlawful, improper or infringing purpose.
4.2.2 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;
4.2.3 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Vistrak’s data or the data of our customers;
4.2.4 query the Website with a frequency likely to cause it to malfunction or become unavailable to other users.
4.3 You agree to use the Website in accordance with any and all applicable laws.
Reverse engineering and competing products
5.1 The products and services provided by us comprise valuable intellectual property. You agree that you shall not, nor shall you solicit or procure a third party to, replicate, reverse engineer, or otherwise reproduce a product or service we offer.
6.1 To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website or products or services purchased from us, or by any other person using your computer, of any intellectual property or other right of any person.
7.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
7.2 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
7.3 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7.4 Vistrak is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
7.5 This Agreement and any transactions governed by it will be governed by and construed in accordance with the law of New South Wales. You submit to the exclusive jurisdiction of courts in New South Wales.
7.6 This agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
7.7 You may not assign, delegate or novate this agreement to any other person or body corporate without our written authority.
7.8 Vistrak retains the right to assign, delegate or novate this agreement without notice.