Welcome to our Website.
This website at [http://alliedpinnacle.com/] (Website) is operated by Allied Pinnacle Pty Ltd (ABN 85 161 203 005) of Level 4, Building G, 1 Homebush Bay Drive, Rhodes NSW 2138 (“Allied Pinnacle” “we“, “us” and “our“). Please read these terms and conditions (Website Terms) carefully as they apply to your use of this Website.
- The content of the pages of this Website is for your general information and use only.
- We may revise these Website Terms from time to time. We will include a notice on this Website alerting you when any such revisions have been made.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is your responsibility to ensure that any products, services or information available through this Website meet your specific requirements Notwithstanding the foregoing, nothing in these Website Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
- If any guarantee, warranty, term or condition is implied or imposed in relation to these Website Terms or their subject matter under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit our liability for a breach of the Non-Excludable Provision, we limit our liability for breach of the NonExcludable Provision to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:
- our maximum aggregate liability for all claims in connection with these Website Terms or their subject matter is limited to AUD$100. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision; and
- neither party will be liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages.
- The limitations and exclusions of liability in these Website Terms apply whether the relevant liability arises in contract, tort (including negligence), equity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
- This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. We grant you a limited, nontransferable, revokable licence to access and use this Website solely for your personal, noncommercial purposes. We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any intellectual property rights to you or, except for the licence referred to in these Website Terms, licence you to exercise any intellectual property rights unless this is expressly stated.
- All trademarks reproduced in this Website which are not the property of, or licensed to, us are acknowledged on the Website. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- We encourage you to provide links to this Website. While you may use the name “Allied Mills” in the text of any such link, you may not use the Allied Mills logo or any of our other trade marks without our prior written consent.
- You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
- If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links
- In using this Website, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws (including by transmitting any defamatory, false, fraudulent, discriminatory, confidential or offensive information or by infringing any third party intellectual property rights), or use this Website for any purpose that is unlawful, commercial or prohibited by these Website Terms;
- impersonate any person;
- distribute viruses, corrupt files, malware, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of this Website;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of this Website; or
- engage in any other conduct that inhibits any other person from using or enjoying this Website.
- If any part of these Website Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- Your use of this Website and any dispute arising out of such use of the Website is governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and of the Commonwealth of Australia.
- Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
- The provisions of these Website Terms which by their nature survive termination or expiry of these Website Terms will survive termination or expiry of these Website Terms.
- The term “including” when used in these Website Terms is not a term of limitation.