These Terms and Conditions of Use (Terms) apply to Vesta Group Website, located at www.vestagroup.com.au , and all subsidiary pages. This Website (the website or the site) is the property of Vesta Group Pty Ltd; ABN 94 153 536 924 registered in Australia with registered address: 5a Hartnett Close, Mulgrave VIC 3170 Australia
This is an agreement between Vesta Group Pty Ltd as owner of this Website and you as a user.
Please read these Terms carefully before you start to use this Website. By using this Website, you indicate that you accept these Terms and that you agree to abide by them. Please refrain from using this Website if you do not agree to these Terms.
Access to this Website is permitted on a temporary basis, and we reserve the right to remove or amend the services we provide on this Website without notice. We will not be liable if for any reason this Website or services are unavailable at any time or for any period.
We aim to update this Website regularly, and may change the content at any time. If the need arises, we may suspend access to this Website, or close it indefinitely. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
This Website is owned and operated by Vesta Group Pty Ltd. Trademarks, images, texts, catalogues; multimedia and other content within the site are the sole property of Vesta Group Pty Ltd.
All trademarks, whether registered or unregistered, belonging to others, such as our supplier and any other partner are acknowledged. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The material contained in this Website is under copyright, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968.
If in good faith you believe that materials on this Website infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provided within this website.
We provide customized links to select companies for your convenience only. We do not endorse or recommend the services of any company. The company you select is solely responsible for its services to you. Vesta Group shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of our services or the websites linked to this Website. You will need to make your own independent judgment regarding your interaction with these linked sites.
Vesta Group may ask you in the website to support, recommend and introduce our product and services to the people you know; if you do so Vesta Group is not liable for any compensation or attribution to you.
We may provide support and feedback tools to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these tools, you agree that all content, suggestions and feedback become the sole property of Vesta Group without any compensation or attribution to you.
Data and information is provided in this Website is for informational purposes only, and is not intended for any other commercial or non-commercial purposes. You may not use and should ensure that no other person related to you uses the information supplied by us for resale, redistribution or other commercial use.
The Website is designed for use in Australia. Advertising material included in the Website is intended for the Australian market only (unless otherwise stated or with Vesta Group written permission) and you must not use the service in countries where it may be restricted or prohibited by local legislation.
If you choose, or you are provided with, a user identification name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third parties. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You must not misuse the Website by
· Introducing viruses, Trojans, worms or other material which is malicious or technologically harmful
· Upload or transmit any content which is unlawful, fraudulent or obscene
· Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
· Breach copyright or impinge other intellectual property rights
· Upload or transmit any form of unauthorized solicitation (including spam)
· Intentionally violate any applicable law
· Attempt to sell or illegally profit from the Website, including disassembling or accessing fundamental code
You agree that your use of the Website or anything in these Terms does not create a joint venture, partnership or agency relationship between us and you.
Contracts or order for our products formed through the Website or as a result of visits made by you are governed by the terms and conditions of supply and sales and is not the same as this Terms.
All reasonable steps have been taken to ensure that information on this Website is accurate, but we do not warrant that such information is accurate, appropriate or complete. Some of the information on the Website is supplied by third parties such as customers, potential customers, partner websites and third party websites and in such cases you should refer to the third party’s terms and conditions of business as they may differ from our own.
Any links placed to the Website and any use of links from the Website are done entirely at your own risk. We do not monitor or review the contents of other websites which are linked to and from this Website. We are not responsible for any opinions expressed on such other websites or material contained on them or accessible from them and should not be taken to be the publisher or disseminator of such opinions or material nor should we be taken to approve such opinions or material or to make any express or implied recommendation in respect of them.
Vesta Group does not promise that this Website or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.
Vesta Group disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and suitability for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy for dissatisfaction with the site or any content is to stop using the site or any such content.
Limitation of liability
Except where prohibited by law, in no event will Vesta Group be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Vesta Group has been advised of the possibility of such damages.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Neither us nor our partners and suppliers shall be liable for any delay or inability to use this Website or for any information, products, and services obtained through this Website or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if we or our suppliers have been advised of the possibility of such losses or damages.
Age and Capability
You warrant that you are at least 18 years of age and you will be financially responsible for all your use of the Website (including any use made by you in respect of any persons under the age of 18 years of age for whom you are parentally or legally responsible or by any person for whom you are legally entitled to act) and for any other person's use of this Website through your IP address. You also warrant that any person using the Website through your IP address will give accurate and true information. You also warrant that you have the legal capacity to enter into a contract on your own behalf or on behalf of anyone for whom you act.
You agree to indemnify and hold Vesta Group, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, supplier, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Vesta Group by any third-party due to or arising out of or in connection with your use of the Website and or its services.
No provision of this agreement can be waived except in writing and authorised by the Board of Vesta Group Pty Ltd. No waiver shall be deemed a waiver of any preceding or subsequent breech.
Delegation and assignment
Without Vesta Group prior written consent, you may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder.
This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the Website, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.
Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.
This Terms and Condition was last updated on 22 January 2013.