Terms & Conditions

1. About the Website

a) Welcome to broadbandtooling.com.au (the Website).

b) The Website is operated by Broadband Tooling Pty Ltd (ACN 63 104 701 804). Access to and use of the Website, or any of its associated Products or Services, is provided by Broadband Tooling Pty Ltd. Please read these terms and conditions (Terms) carefully. Using, browsing and/or reading the Website signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

c) Broadband Tooling Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Broadband Tooling Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Copyright and Intellectual Property

a) The Website, the content, and all related products of Broadband Tooling Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Broadband Tooling Pty Ltd or its contributors.

Broadband Tooling Pty Ltd does not grant you any rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Broadband Tooling Pty Ltd.

b) All trademarks, service marks and trade names are owned, registered and/or licensed by Broadband Tooling Pty Ltd, who grants to you a non-exclusive, royalty-free, revocable license while you are a user to:

(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.

Broadband Tooling Pty Ltd does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Broadband Tooling Pty Ltd.

c) Broadband Tooling Pty Ltd retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:

(i) Broadband Tooling Pty Ltd trading name, business name, domain name, trademark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a Broadband Tooling Pty Ltd business name, trading name, domain name, trademark or industrial design, or

(iii) thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Broadband Tooling Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

Broadband Tooling Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Broadband Tooling Pty Ltd’s Privacy Policy, which is available on the Website.

5. General Disclaimer

a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b) Subject to this clause 5 and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) Broadband Tooling Pty Ltd will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in
connection with these Terms, whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.

c) Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Broadband Tooling Pty Ltd make any express or implied representation or warranty about use of the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, content or digital products of Broadband Tooling Pty Ltd; and

(iv) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

(a) Broadband Tooling Pty Ltd’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

(b) You expressly understand and agree that Broadband Tooling Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

(c) You acknowledge and agree that Broadband Tooling Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of using the Website.

7. Indemnity

You agree to indemnify Broadband Tooling Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c) any breach of the Terms.

8. Venue and Jurisdiction

The Website Services offered by Broadband Tooling Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

9. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.

10. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.