Website Terms Of Use

NEHOC Australia Pty Limited [ABN 31 000 845 965] ['NEHOC'] maintains this website [the 'Site'] for your entertainment, information, education, and communication. Your access and use of the Site is subject to the following terms and conditions [the 'Terms of Use'] and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of NEHOC's Privacy Policy.

NEHOC may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on 21st September 2006. Posting by NEHOC of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorised officer of NEHOC.

 1. Sale Terms

1.1    If you make a purchase on the Site, the Sale Terms and the applicable Warranty Terms form part of, and are hereby incorporated into, these terms and conditions of sale [collectively the 'Sale Terms'].

 2. General Use

2.1    Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the 'NEHOC Content') for the purpose of re-selling or re-distributing the NEHOC Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with NEHOC, or otherwise commercially exploiting the NEHOC Content. Systematic retrieval of NEHOC Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from NEHOC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

2.2    Elements of NEHOC website is protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NEHOC website may be copied or retransmitted unless expressly permitted by NEHOC.

NEHOC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEHOC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE DOCUMENT(S) DESCRIBED HEREIN AT ANY TIME.

2.3    LINKS TO WEBSITES. THE LINKS IN THE WEBSITE MAY TAKE YOU OUTSIDE OF THE WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEHOC AND NEHOC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEHOC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEHOC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OR THE CONTENT IN ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEHOC OF THE SITE OR THE CONTENTS THEREIN.

2.4    This Site may refer to Products that are generally available for purchase in Asia & South Pacific Region. A reference to Products on the website does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local NEHOC authorised representative for the availability of specific products and services in your locality

2.5    Product features, weights, sizes, pack, quantity, dimensions and specifications described or depicted on the Website ('Products'), or available for purchase through the Website (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are approximate and subject to change without notice.

2.6    Any material downloaded or otherwise obtained through the Site is done at each Customers sole discretion and risk and each Customer is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from NEHOC or through or from the Website shall create any warranty not expressly stated herein

2.7    NEHOC reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall NEHOCbe liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

2.8    Some of the NEHOC Content displayed on this Site is provided or posted by third parties ('Third Party Content'). Neither NEHOC nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of NEHOC's display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. NEHOC is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, NEHOC is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

2.9    NEHOC may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that NEHOC has no control over such third party's web site, does not monitor such sites, and NEHOC shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.

2.10     No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by NEHOC and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

2.11    We urge that you read NEHOC's Privacy Policy which governs the protection and use of each User's information in NEHOC's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that NEHOC may change the Privacy Policy from time to time provided that NEHOC shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
 

2.12    You agree to indemnify NEHOC and keep NEHOC indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by NEHOC as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.

 
 3. Limited Warranty

3.1    NEHOC WILL PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IN A GOOD AND WORKMANLIKE MANNER. THE PRODUCTS, SUPPORT AND ACCESS TO THE WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE PRODUCTS, SUPPORT AND ACCESS TO THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEHOC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITH REGARD TO THE PRODUCTS AND THE WEBSITE, NEHOC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCTS OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS CAN BE CORRECTED. FURTHERMORE, NEHOC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEHOC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PRODUCTS PROVE DEFECTIVE AFTER NEHOC HAS DELIVERED THE SAME, YOU SHALL ASSUME THE ENTIRE COST ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, CONSUMERS MAY HAVE THE BENEFIT OF CERTAIN RIGHTS OR REMEDIES UNDER THE TRADE PRACTICES ACT 1974 (CTH) AND SIMILAR STATE AND TERRITORY LAWS IN AUSTRALIA, OR THE CONSUMER GUARANTEES ACT IN NEW ZEALAND, IN RESPECT OF WHICH LIABILITY CANNOT BE EXCLUDED. THE PROVISIONS OF THIS AGREEMENT ARE SUBJECT TO AND DO NOT AFFECT THOSE RIGHTS AND REMEDIES. IF, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY BREACH OF THESE STATUTORY WARRANTIES, NEHOCíS LIABILITY IS LIMITED, AT NEHOCíS OPTION, IN THE CASE OF GOODS, TO EITHER (I) REPLACEMENT OF THE GOODS, OR (II) CORRECTION OF DEFECTS IN THE GOODS; AND IN THE CASE OF SERVICES, TO (I) RESUPPLY OF THE SERVICES, OR (II) PAYMENT OF THE COST OF RESUPPLY OF THE SERVICES.

 

 4. Limitation of Liability

4.1    NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEHOC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES NOR FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR THIS WEBSITE, OR ARISING AS A RESULT OF NEHOC PROVISION OR FAILURE TO PROVIDE SUPPORT, EVEN IF NEHOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN ANY EVENT, NEHOC'S LIABILITY TO YOU SHALL NOT EXCEED AU$500.00.

 

 5. Notice Specific to NEHOC Website

5.1    Elements of NEHOC website is protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NEHOC website may be copied or retransmitted unless expressly permitted by NEHOC.

NEHOC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEHOC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE DOCUMENT(S) DESCRIBED HEREIN AT ANY TIME.

5.2    LINKS TO WEBSITES. THE LINKS IN THE WEBSITE MAY TAKE YOU OUTSIDE OF THE WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEHOC AND NEHOC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEHOC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEHOC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OR THE CONTENT IN ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEHOC OF THE SITE OR THE CONTENTS THEREIN.

5.3    This Website may refer to Products that are generally available for purchase in Asia & South Pacific Region. A reference to Products on the website does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local NEHOC authorised representative for the availability of specific products and services in your locality

5.4    Product features, weights, sizes, pack, quantity, dimensions and specifications described or depicted on the Website ('Products'), or available for purchase through the Website (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are approximate and subject to change without notice.

5.5    Any material downloaded or otherwise obtained through the Website is done at each Customers sole discretion and risk and each Customer is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from NEHOC or through or from the Website shall create any warranty not expressly stated herein

5.6    Under no circumstances shall NEHOC be held liable for an delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties

 

 6. Trademarks & Intellectual Property Rights

6.1    NEHOC is the sole owner or lawful licensee of all the rights to the Website and the NEHOC Content. The Website and NEHOC Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and NEHOC Content shall remain with NEHOC, its affiliates or licensors of the NEHOC Content, as the case may be. All rights not otherwise claimed under this Agreement or by NEHOC are hereby reserved

6.2    RISO is a registered trademark of RISO Kagaku Corporation, Tokyo, Japan.

 

 7. Notices
7.1    All notices [including address change notices] demands, or consents required or permitted under this agreement shall be invalid unless in writing.  All notices, demands, or consents shall be made by registered mail at the following addresses and shall be deemed to have been served when received by the receiving party or five (5) days after posting, whichever is earlier:

7.1.1    If to Customer: Address provided on either:

- Trading Account Application Form

- Account Application Form

- Online Order Invoice/ Billing Address

7.1.1.1    Where no postal address is available e-mail delivery will be used and deemed posted at time of leaving internal NEHOC mail server

 

7.1.2    If to NEHOC

PO Box 175

NARRABEEN   NSW   2101

Australia