The parties, the Website, access and legal documentation
This website ("Website") is owned and operated by Clockwork Information Technology Systems Pty Ltd ("Clockwork IT Systems").

Access to the secure areas of this Website is restricted to persons who are authorised customers of Clockwork IT Systems. Access by any other person to the secure areas of this Website is strictly prohibited.

Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms of Use").

The Customer's use of, and/or access to, this Website also confirms its full understanding and agreement to the terms of each of the following: Trading Terms of Clockwork IT Systems, the standard Terms and Conditions (including the Year 2000 Compliance Statement), the Returns Policy and Procedure. The customer acknowledges that Clockwork IT Systems has provided the above documents and the customer has examined the contents therein and received independent legal advice thereon.

Clockwork IT Systems reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord but also pay particular attention to any notice by Clockwork IT Systems that they have been amended.

Intellectual property, confidentiality, software licences and restrictions on use of Content
All information, text, material, graphics, software and advertisements on this Website ("Content") are Copyright © 2005 Clockwork IT Systems, its suppliers and/or licensors unless expressly indicated otherwise by Clockwork IT Systems. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorised in writing by Clockwork IT Systems.

Strictly on the condition that the person accessing this Website keeps all Content intact and in the same form as presented on this Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only. No one is authorised to use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Clockwork IT Systems or an affiliate or which is prohibited by the Terms of Use.

Product Information, advertising and links to third party websites
This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to Clockwork IT Systems pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not Clockwork IT Systems, and Clockwork IT Systems has included it on this Website as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.

This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by Clockwork IT Systems, and Clockwork IT Systems is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by Clockwork IT Systems, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.

This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Clockwork IT Systems, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not Clockwork IT Systems, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.

Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Clockwork IT Systems of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Clockwork IT Systems does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

This Website (including all Content and functions) is provided "as is" and without warranties of any kind, either expressed or implied.

Clockwork IT Systems and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Clockwork IT Systems does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components.

Clockwork IT Systems does not warrant or make any representations regarding any Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Clockwork IT Systems) will Clockwork IT Systems or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

To the fullest extent permitted by law, Clockwork IT Systems' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Clockwork IT Systems to the following:

In the case of direct services supplied by Clockwork IT Systems

the supply of the services again

the payment of the cost of having services supplied again; and

In the case of goods supplied by Clockwork IT Systems

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

the payment of the cost of having the goods repaired.

Termination
The Terms of Use are effective until terminated by Clockwork IT Systems, and Clockwork IT Systems may terminate this agreement and the Customer's access to the Network at any time without notice. In the event of termination, the Customer is no longer authorised to access this Website, but all restrictions imposed on the Customer and all Clockwork IT Systems disclaimers and limitations of liability set out in the Terms of Use will survive. Such Termination shall not affect any legal right that may have accrued to Clockwork IT Systems against the Customer up to the date of termination.

Trademarks of Clockwork IT Systems and its affiliates
All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.

Other
The Terms of Use embody the entire agreement between the Customer and Clockwork IT Systems in respect of the Customer's access to, and use of, this Website and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. The Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

 
 
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