Terms of Use

Effective 18 July 2017

Welcome to Torque IT

This document contains the terms and conditions (“Terms of Use”) governing the use of this Website and your purchase of any goods or services from Torque IT using this website. If the Terms and Conditions or Privacy Policy are not acceptable to you, you must not use this website.

In these Terms of Use “we”, “our” and “us” means Torque IT Pty Ltd trading as Torque IT and “Website” means all web pages at the domain torqueit.com.au and “you” and “your” means you, the customer.

Application of these Terms of Use

You agree that your use of this Website and the purchase of any goods or services will be governed by these Terms of Use.

If Torque IT suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify Torque IT for all losses and damages.

Using our Website

You agree that in using this Website, you will not:

  • use parts of this Website reserved for registered members unless you are registered as a member;
  • interfere with the usage of this Website by others;
  • use this Website in an illegal manner;
  • upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying
  • upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
  • upload, post, email or otherwise transmit any computer or website programming code;
  • attempt to circumvent any security features of the Website;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.

Copyright and Intellectual Property

You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website (“Website Content”) are owned by Torque IT Pty Ltd as trustee for Torque IT Trust trading as Torque IT, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.

You agree that you will not do any of the following without Torque IT’ written permission:

  • use Torque IT trademarks, except for printing out a copy of this Website or as part of a reference to a Torque IT product or service;
  • reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
  • use, sell, assign, rent, sub-licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
  • anything else which would infringe Torque IT rights or the rights of Torque IT content suppliers.

You may view this Website using a web browser so long as you don’t change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non-commercial use, you may save a single copy, print one or download one.

Modification to Terms and Conditions

You agree that Torque IT may at any time, in its sole discretion, modify any part of this website, including these terms and conditions.

External Websites

Torque IT provides hyperlinks to third party websites (“External Site”) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the External Site by Torque IT or its affiliates. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by Torque IT or its affiliates.

You acknowledge and agree that External Site are not under the control of Torque IT and that Torque IT is not liable or responsible for:

  • any act, omission or negligence of any person who administers or owns any External Site;
  • the copyright compliance, legality or decency of any External Site;
  • the accuracy or reliability of any information provided by any External Site;
  • any goods or services provided by any person who administers or owns any External Site; or
  • the performance of any obligations owing to by any person who administers or owns any External Site.

Our Warranties and Disclaimers

You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided “as is” without warranties of any kind, express or implied.

You acknowledge that, apart from where stated to the contrary on this Website, Torque IT has not made any representations or given any warranties:

  • as to the functionality or content of this Website;
  • as to the accuracy or completeness of any Website Content;
  • that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;
  • that any links contained on this Website will provide you with any useful information; or
  • that any goods or services will be available for sale to you.

Limitation of Liability

Except as provided by law, neither Torque IT nor its affiliates nor the employees, officers and agents of Torque IT or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

  • your use of this Website;
  • the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
  • your use of any websites that this Website links to;
  • any goods or services supplied pursuant to these Terms of Use; or
  • in respect of the failure of Torque IT to comply with its obligations under these Terms of Use.

Implied Terms

Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of Torque IT for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of Torque IT, to one or more of the following:

If the breach relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
    If the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Governing Law

These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in the State of Western Australia.

You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State or Western Australia or the Commonwealth of Australia and any courts of appeal from these courts.

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