About this
website
This website is owned and operated by ProSales Direct Pty Ltd (ABN
37 003 425 330) under the domain name fw1.com.au and fastwax.com.au
(FW1 website). The information, graphics, text and other materials
(Content) on the FW1 Website is governed by these Terms of Use and
the associated Privacy Statement, below. By using this Website you
agree to be bound by these Terms of Use. In addition to the Terms
of Use contained in this document, other terms of use or conditions
may apply to your use of this Website, or to products and services
offered via this Website. You will be bound by these additional
terms, as applicable.
Disclaimer
While every effort has been made to ensure all information is
correct, we accept no liability for any omissions or errors herein.
Information provided should not be used as a substitute for the
advice of retained, competent professionals.
Copyright and
Trademarks
Copyright in the Material on the FW1 Website is owned or licensed
by Pro Sales Direct Pty Ltd. and Pro-Sales Direct Ltd. Except where
necessary for and incidental to viewing the Content on the FW1
Website via your web browser, or as permitted under the Copyright
Act 1968 or other applicable laws, no content on the FW1 Website
may be reproduced, stored in an electronic or other retrieval
system, adapted, uploaded to a third party location, framed,
performed in public or transmitted in any form by any process
whatsoever without our specific written consent.
Privacy
Your privacy and security is very important to FW1. Certain data
items may be collected and used by the FW1website in order to, for
example, process your instructions, orders or search the site. The
FW1 website may record and track the use you make of this website.
The use of this data is subject to our Privacy Policy. Please read
our Privacy Policy in full.
Limitation of liability
Subject to any responsibilities implied by law and which cannot be
excluded, we, and our directors, employees, agents and contractors,
are not liable for any losses, damages, liabilities, claims and
expenses (including but not limited to legal costs and defence or
settlement costs) whatsoever, whether direct, indirect or
consequential, arising out of or referable to Content on the FW1
Website, to Third Party Material, or to access of the FW1 Website,
howsoever caused, whether in contract, tort including negligence,
statute or otherwise.
Liability of FW1 for a breach of a condition or warranty implied by
law or otherwise, and which cannot be excluded, is limited to the
extent possible, at FW1 the option to:
* supply the goods or services again; or
* the repair of the goods; or
* the payment of the cost of having the goods or services supplied
again or having the goods repaired.
Indemnity
You indemnify us in respect of any liability incurred by us for any
loss or damage, howsoever caused, suffered by us as a result of
your breach of these FW1 Website Terms of Use, or your use of the
FW1 Website.
Links to other websites
The FW1 Website may contain links to websites which are owned and
operated by third parties independent of us (Third Party Websites).
We do not sponsor, endorse or approve of the operators of Third
Party Websites or the information, graphics and material which may
be found at Third Party Websites (Third Party Material). Subject to
any applicable law which cannot be excluded, we make no warranties
or representations:
Regarding the quality, accuracy, merchantability or fitness of
purpose of Third Party Material or products or services available
through Third Party Websites; or
that Third Party Material does not infringe the intellectual
property rights of any person. We are not authorising the
reproduction of Third Party Material by linking material on this
Website to Third Party Material. All offers to sell and statements
relating to goods and services available on Third Party Websites
are the responsibility of and given by the Third Party Website
operators. Insofar as such offers and statements are made on the
FW1 Website, such offers and statements are made by us on behalf of
the Third Party Website operators. We expressly disclaim acting in
any other respect on behalf of Third Party Website operators.
Assessment tools and other features
The FW1 Website may from time to time contain or make available
various tools, assessment features, software programs or other
features. These may assist you in ascertaining the value of or
benefits relating to products or services advertised for sale via
the FW1 Website. The FW1 Website may also contain helpful hints or
other information
Whilst we have made every effort to ensure that any such features
are accurate and free from defect, we do not warrant the accuracy,
adequacy, correctness or completeness of these features, which are
provided on an "as is" basis. The use of any of these features or
any information provided is entirely at your own risk
The Content may contain general information about
FW1 products and services.
Unless expressly stated otherwise, this information:
Does not constitute an offer or inducement to enter into a legally
binding contract; and
does not form part of the terms and conditions applicable to
FW1 products and services
Availability of the Website
As electronic services are subject to interruption or breakdown,
access to the FW1 Website is offered on an "as is" and "as
available" basis only. You are responsible for ensuring that you
have alternate contingency plans in place to enable you to conduct
your activities by other means should the FW1 Website be
unavailable. We may impose limits or restrictions on the use you
may make of the FW1 Website. We may withdraw the FW1 Website at any
time and without notice.
Acceptance and changes to Terms of Use
You acknowledge and accept that your use of the FW1 Website
indicates your acceptance of these Terms of Use and the Privacy
Statement. These are the current Terms of Use. They replace any
other terms of use for the FW1 Website published on the FW1 Website
to date. FW1 may at any time vary the Terms of Use by publishing
the varied Terms of Use on the FW1 Website. FW1 is under no
obligation to specifically notify you of any variation to these
Terms of Use. You accept that by doing this, FW1 has provided you
with sufficient notice of the variation. By your use of the FW1
Website after any variation, you are taken to have accepted the new
Terms of Use.
General
The law applicable to FW1 Products and the FW1 Website and to
disputes arising out of FW1 Products and the FW1 Website is the law
of NSW. Should any clause or part thereof of these Terms of Use be
found to be void, unenforceable or invalid, then it is severed from
this agreement, leaving the remainder in full force and effect,
provided that the severance has not altered the basic nature of
this agreement.
