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Terms
of use of this web site |
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This
web site is owned and operated by Jimmy's Tarps & Ropes.
Your access to this site is conditional upon your
acceptance
and compliance with the terms, conditions,
notices and disclaimers contained in this document
and elsewhere on this site. Your use of, and/or access
to, this site contributes your agreement to these Terms
of Use.
Jimmy's Tarps & Ropes may change material on this site,
including these conditions, at any time without notice. Each time
you log on to this site, you will be deemed to have accepted any
changes to these Terms of Use. The updated online version of these
Terms of Use shall supersede any prior versions, whether in paper,
online or other media format.
This agreement will be governed by and construed in accordance with the laws
of New South Wales, Australia. You 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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Disclaimers |
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Jimmy's Tarps & Ropes has provided this Web Site as a general
information service. Therefore, Jimmy's Tarps & Ropes
cannot accept responsibility for any error, omission,
misrepresentation, or misstatement contained in this
web site.
You use this site at your risk. Jimmy's Tarps & Ropes by providing access to content
does not warrant its accuracy, currency or adequacy. You must evaluate, and you
bear all risks associated with, use or reliance upon any content.
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The
Site |
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Jimmy's Tarps & Ropes endeavours to provide a convenient and functional
site. However, we do not warrant the content will be
error free or that the site or the server that operates
it are free of viruses or other harmful components.
If your use of the site results in the need for servicing or replacing property,
material, equipment or data, Jimmy's Tarps & Ropes will not be responsible for such costs.
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Limitation
of Our Liability |
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Without
limiting the above provisions, everything on the site
is provided to you "as is" and "as available" without
warranty or condition of any kind, either expressed
or implied, including, but not limited to, any implied
warranties of merchantability, fitness for a particular
purpose, or non-infringement.
To the extent that we are able under the Trade Practices
Act or State and Territory law to limit the remedies available to
you, Jimmy's Tarps & Ropes expressly limit its liability for breach of a
condition or warranty implied by virtue of any legislation to the
following remedies (the choice of which is at Jimmy's Tarps & Ropes's sole
discretion): (a) in the case of goods, any one or more of the following:
(1) replacement of the goods or supply of equivalent goods, (2) repair
of the goods, (3) payment of the costs of replacing the goods or
of acquiring equivalent goods, or (4) payment of the costs of having
the goods repaired; or (b) in the case of services (1) supply of
the services again; or (2) payment of the cost of having the services
supplied again.
If you are entitled to statutory warranties, your remedies if those statutory
warranties are breached may be limited to those set out above. Nothing in this
agreement is intended to limit or exclude any liability on the part of Jimmy's Tarps & Ropes
where and to the extent that applicable law (eg the Trade Practices Act) prohibits
such exclusion or limitation.
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Indemnities |
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By
using this site you agree to:
- Iirrevocably waive and release any and
all claims that you now have or may have against
Jimmy's Tarps & Ropes, its affiliates, subsidiaries, parents,
directors, officers, employees, agents and representatives
which claims directly or indirectly arise out of,
relate to or are incidental to use of content, this
site or anything made available via this site; and
- Indemnify Jimmy's Tarps & Ropes from and against
claims, loss, damage, tax, liability and/or expense
that may be incurred by Jimmy's Tarps & Ropes directly or
indirectly arising out of or in connection with your
use or reliance upon content, this site or anything
made available via this site, including legal costs,
fees and expenses of defending any of Jimmy's Tarps & Ropes,
but excepting claims arising out of gross negligence
or willful misconduct of Jimmy's Tarps & Ropes.
You agree to indemnify Jimmy's Tarps & Ropes
from any claim or demand, including reasonable legal
fees, made by any third party due to or arising out
of:
- Violation of these terms by you, or
- Infringement by you, or other user
of this using your user name and password, of any
intellectual property or other right of any person
or entity.
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Copyright
and Other Intellectual Property |
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This
site contains material (including graphics and text)
which is subject to copyright and other intellectual
property rights owned by or licensed to Jimmy's Tarps & Ropes and its respective products’ suppliers
(business partners) who has provided the materials.
Unless otherwise noted, product name, designs, logos, text and images within
this Web site are the trademarks, trade names, copyrights or other property
of Jimmy's Tarps & Ropes and its respective owners.
Subject to fair use and other relevant defenses:
You are allowed to:
- View, copy and print material in electronic
or other forms only for your personal use, or non-commercial
purposes and only if you retain copyright and other
intellectual property notices from the original material;
You are NOT allowed to:
- Use material from this Site for non-personal,
public or commercial purposes (other than provision
of professional services by you as a medical or health
care practitioner); or
- Breach copyright or any other intellectual
property rights of Jimmy's Tarps & Ropes or its
licensors including by amending or adapting any material
on this Site.
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