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Terms of Service

Definitions

For the purposes of these documents; the words "user", "you" or "your" means the person or entity who uses our services, "Forksales" and refer to Forksales Pty Ltd ACN 645 519 008, and the words “site” and "websites" refers to Forksales.com.

 

Basic Terms of Service

These websites are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. 

1) Subject to what is said below material from the Site may be downloaded, viewed, printed, and copied on the hard disk of your computer for your own personal, non-commercial purposes as a personal information resource in good faith only. Any other type of use requires the prior written agreement of Forksales.

2) You agree that you will not use the Site:

(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

(b) In any way which is abusive, defamatory or obscene or which will harass distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

(c) For the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation or commercial exploitation;

(d) For the posting, uploading, emailing or any other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

(e) To create a database in any form that includes material downloaded or otherwise obtained from the Site;

(f) To transmit or re-circulate any material obtained from the Site to any third party;

(g) In such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or

(h) In any way that might bring Forksales into disrepute.

3) Forksales may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.

4) You hereby grant Forksales a non-exclusive, royalty-free, perpetual and worldwide license to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.

5) You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Forksales or to the Site.

6) You hereby agree that you are aged 18 years or over when making online payments with a credit card and that you have the specific authorization of the Card Holder.

 

Purchases and Subscriptions

1) You agree to provide true, accurate, current and complete information about yourself as requested by Forksales in the registration or subscription form (“the Registration Information”).

2) You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

3) These terms shall apply in relation to your use of the Newsletters and the Publications in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, Clauses 1 and 2 above and Clauses 4 and 5 below shall also apply as if the words “the Site” were replaced by “the Newsletters and the Publications”.

4) In order to place an advertisement for machinery, equipment or other items you must be aged 18 years old or over.

 

Access to Forksales

1) Forksales shall have the right to refuse to provide you with Newsletters and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Forksales shall not be liable for any losses or damages whatsoever arising from Forksales’s refusal to provide you with Newsletters or your inability to access any of the pages on the Site. Forksales may refuse to publish, withdraw or terminate your Advertisement if:

i. Forksales determines, in its absolute opinion without notice, You are a machinery or equipment dealer, supplier or trader or otherwise not entitled to place an Advertisement;

ii. You breach the Terms & Conditions of Forksales

2) Forksales shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Forksales shall not be liable for any losses or damages whatsoever arising from the removal of such material.

 

Rights

The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licenses or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Forksales which arise as a result of your failure to obtain such licenses and permissions.

 

Limitation of Liability

1) The information provided on or in the Site is intended for informational purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Forksales and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. It is your responsibility to check the accuracy and relevant details given on the Site before entering any commitment based upon them. 

2) Forksales cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Forksales possible, all liability and responsibility for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.

3) Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Forksales and for ensuring that such content complies with all relevant legislation. Forksales accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.

4) On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Forksales is not liable in relation to and takes no responsibility for, any contract entered into by users with any third party.

5) Unless otherwise stated, Forksales makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through the use of the Site, whether accessed directly or otherwise.

 

External Internet Links

1) Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Forksales is not responsible for the content of these Internet sites.

2) No links from external websites to the Site are permitted without the prior written consent of Forksales.

 

Additional Terms

Forksales may, from time to time, have promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.

 

Computer Safety

1) Whilst effort has been taken to ensure that the pages of the Site and the Newsletters are free from viruses or malware, Forksales gives no warranties that they are indeed free from viruses or malware and users are responsible for ensuring that they have installed adequate virus checking software.

2) Forksales excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Forksales or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:

a) The pages on the Site or any other Internet sites;

b) Any material downloaded from the Site or any other Internet sites;

c) Any Newsletter; or

d) Any Publication.

 

Intellectual Property and Trademarks

The names, images and logos identifying Forksales or third parties and their products and services, are the proprietary marks of Forksales Pty Ltd, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Forksales reserves all rights to enforce such rights that it might have.

 

Variations

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.

 

Severability

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

Juristiction

The terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of Australia.