Please take the time to read these terms and conditions carefully before using this Site.
1) Who we are
Dymark.com.au is a website (Site) operated by Dy-Mark (Aust) Pty Ltd A.C.N 007 645 687 and its related bodies corporate (we, us and our).
2) By using our Site you accept these terms
3) We may make changes to these terms and our Site
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our Site from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities. We will try to give you reasonable notice of any suspension or withdrawal.
4) We may suspend or withdraw our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5) You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
6) Intellectual Property and Copyrights
We hold the copyright to the contents of this Site, including all uploaded files, layout designs, data, graphics, file content, news, tutorials and videos. You must not use or replicate our copyright material other than as permitted by law or with our written consent, in which case we may require you to sign a Licence Agreement. Specifically, you must not use or replicate our copyright material for commercial purposes without our written consent.
The logos, product names, designs and slogans contained in this Site are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under clause 7.
If you wish to use content, images or other intellectual property owned by Us, you should submit your request to us at email@example.com.
7) How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without Our express, written consent.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
8) Do not rely on information on this Site
This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date. Prices and products listed on this Site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Us.
9) We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
11) Limitation of liability
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to [, your User Contributions], your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale available on our Site.
12) We are not responsible for viruses
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
13) Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed or mirrored on any other Site.
We reserve the right to withdraw linking permission without notice.
14) Australian law applies to disputes
15) Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site without our prior written consent;
use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
use any automatic or manual process to reverse engineer or decompile any part of the Site;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
16) Online purchases
All purchases through our Site or other transactions for the sale of goods formed through the Site or as a result of visits made by you are governed by our Terms of Sale available on the Site.