Josco Privacy Policy and
Legal Disclaimer
The Site and its Use
The Josco Surface Finishing Products Pty Ltd, Josco Industrial Agencies Pty
Ltd and Josco Industrial Agencies (Vic.) Pty Ltd ("Josco") Web site is owned
and provided by Josco from its offices in Perth, Western Australia. For
purposes herein, Josco Surface Finishing Products Pty Ltd, Josco Industrial
Agencies Pty Ltd and Josco Industrial Agencies (Vic.) Pty Ltd are collectively
known as
"Josco." The applicable Web site or sites are referred to herein as
the "Site." Each Site is provided for your personal information and
non-commercial use. Please feel free to browse the Site; however, your access
to and use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes
only. You shall not post or transmit through the Site any information or
material which violates or infringes, in any way, the rights of others, or
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through the Site any information
or material which encourages conduct that would constitute a criminal offence,
give rise to liability or otherwise violate any law or administrative ruling
or guidelines, is in violation of these Terms, or which, without Josco's prior
written approval, contain advertising or any solicitation with respect to
products or services. Any conduct by you that, in Josco's opinion, restricts
or inhibits any other user from using or enjoying the Site will not be
permitted.
Copyright Notice:
The Site contains information and materials,
including but not limited to, text, software, photos, video, graphics and
audio, (collectively "Materials") which are derived in whole or in
part from information and materials supplied by Josco and other sources, and
are protected by international copyright, trademark and other laws and the
entire content of the Site is copyrighted as a collective work under the
Australian Copyright Laws. Josco owns the copyright in the overall selection,
coordination, arrangement and enhancement of such content, and owns the rights
in, or license to use, the individual components of such content. Materials
may not be copied, reproduced, republished, modified, uploaded, posted,
transmitted or distributed in any way or decompiled, reverse engineered or
disassembled, including but not limited to the text, images, audio and/or
video, as well as any software (including but not limited to any images or
files incorporated in or generated by the software or data accompanying such
software), except that you may download one copy of the Materials on any
single computer for your personal, non-commercial use only, provided you keep
intact all copyright, trademark and other proprietary notices and make no
change in or deletion of author attribution. This limited authorization is not
a transfer of title in the Materials and by your use of the Site, you
acknowledge that you do not acquire any license, ownership or other rights to
the Materials. Modification of the Materials or use of the Materials for any
other purpose is a violation of Josco's or such other sources' copyright,
trademark and other proprietary rights and may violate other laws. The use of
any such Materials on any other Web site or networked computer or environment
is prohibited without Josco's express written consent. If you breach any of
these Terms, your authorization to use the Site automatically terminates and
you must immediately destroy any downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF
IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. JOSCO
ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING
BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE
USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR
INFORMATION SHALL BE AT YOUR SOLE RISK.
JOSCO ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING
OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
Josco may provide as a convenience to you, links to Web sites operated by
other entities and persons, but makes no representations whatsoever about any
other Web site which you may access through this one. Any link to a non-Josco
Web site does not mean that Josco endorses or accepts any responsibility for
the content, or the use of such Web site. If you use these sites, you do so at
your own risk. Josco makes no warranty or representation regarding, and does
not sponsor or endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Josco is affiliated or associated with,
or that any linked site is authorized to use any trademark, trade name, logo,
or copyright of Josco.
Third Party Content
Any opinions, statements, services, offers or other information or content
expressed or made available in the Site by any third party are those of the
respective authors) or distributors) and not of Josco. Limitation of
Liability Your use and browsing of the Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or with any of
these Terms, your sole and exclusive remedy is to discontinue accessing and
using the Site.
UNDER NO CIRCUMSTANCES WILL JOSCO, ITS
SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS,
LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS
TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES
LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES
(INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF
PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT JOSCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOSCO SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Josco's obligations and responsibilities
regarding its products and services are governed solely by Josco's terms and
conditions of sale or license under which such products and services are sold
or licensed. Copies of such terms and conditions are available from the
applicable Josco entity.
Information Provided By You
Accordingly, Josco does not want you to, and you should
not, send any confidential or proprietary information to Josco through the
Site unless specifically requested by Josco. Please note that any unsolicited
information or material sent to Josco will be deemed not to be confidential or
proprietary. By submitting information and material to the Site, you
automatically grant to Josco (or warrant that the owner of such information
and material has expressly granted to Josco) a royalty-free, perpetual,
irrevocable, unrestricted, right and license to use, reproduce, display,
perform, modify, adapt, publish, translate, transmit and distribute, or
otherwise make available to other such information and material (in whole or
in part and for any purpose) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or hereafter developed. You also
agree that Josco is free to use any ideas, concepts, know-how, or techniques
that you send Josco for any purpose.
As further provided above, Josco does not want
to receive, and you are deemed to covenant and agree through the use of the
Site not to provide, any information or materials to Josco that are
defamatory, threatening, obscene, harassing, in violation of any law,
governmental requirements or otherwise unlawful, or that incorporate the
proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make
available on the Site any information and material protected by copyright,
trademark or other proprietary right without the express written permission of
the owner of such right(s). You shall be solely liable for any damages
resulting from any infringement of copyright, proprietary rights, or any other
harm resulting from such a submission.
Changes
Josco reserves the right, in its sole discretion, to revise these Terms at any
time and correct any errors or omissions in any portion of the Site and
Materials. Materials may also be changed, modified, added, or removed and
updated without notice at any time; however, Josco is under no obligation to
update Materials. Josco may also make changes in the products, services,
programs, or prices (if any) described in the Site at any time without notice.
Your continued use of the Site after any change Josco makes to the Site will
be considered acceptance of those changes. You should revisit these Terms from
time to time to review the then-current Terms because they are binding on you.
Linking to Site:
Anyone linking to Josco's Site must comply with Josco's guidelines for linking
to Josco's Site and all applicable laws.
International Users
The Site is administered by Josco from its offices in Australia. Materials
published at the Site may refer to products, programs, or services that are
not available in your country. Consult your local Josco business contact in
this regard. Furthermore, Josco makes no representation that the Materials at
the Site are appropriate or available for use at other locations outside of Australia
and access to them from territories where there contents are illegal is
prohibited. You may not use the Site or export information and materials in
violation of the export laws of Australia or any other country. If you access
the Site from a location outside of Australia, you are responsible for
compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of Australia, without
giving effect to any principles of conflicts of law. If any provision of this
Agreement and Terms shall be unlawful, void, or for any reason unenforceable
then that provision shall be severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement
between Josco and you with respect to your use of the Site. Any cause of
action you may have with respect to your use of the Site must be commenced
within six (6) months after the claim or cause of action arises.
Privacy:
Overview
Josco is aware of the need to address Internet privacy issues and we believe
you should be aware of how we intend to treat any information about you that
we might receive on the Internet as a result of your visit to the Site.
Information About Josco On-Line Visitors
You can visit Josco on the Site without telling us who you are or revealing
any information about yourself. In general, we gather information about
users of the Site collectively in order to determine, for example, which areas
users access more frequently and which Materials users access the most. This
information helps us to determine what is most beneficial for our users, and
how we can continually create a better overall experience for our users by
improving the content of the Site.
There are times however, when we may need
information from you, such as your name and address. Customarily, the personal
information Josco obtains is used only to respond to inquiries, to process
orders, product registration or to allow the user to access specific account
information. We may also ask you to voluntarily provide us with information
for market research such as, your interests, demographics, and experience with
our products.
Web Site Links
Josco's Site may contain links to other Web sites such as Josco distributors
and suppliers. While Josco tries to link only to sites that share
its high standards and respect for privacy, Josco cannot take responsibility
for the content or the privacy practices employed by other sites.
Changes
If at anytime Josco changes its privacy commitment, Josco will post those
changes here so that you will know what information Josco gathers and how Josco
might use that information.
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