terms and conditions of use

When you ("You" or "User") use this Internet web site ("Site"), You agree to the following terms and conditions (the "Use Agreement"). Hydraulic Supermarket.com Pty Ltd. ("Hydraulic Supermarket " or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

Use Of The Site.

The Site functions as a venue to connect buyers and sellers of surplus hydraulic components in a virtual marketplace. Hydraulic Supermarket is not involved in any of the actual transactions between Users on the Site. As a result, Hydraulic Supermarket has no control over the truth, accuracy, quality, legality, or safety of information given by Users. Because verifying the identity of a User on the Internet is difficult, Hydraulic Supermarket cannot and does not confirm the identity of Users. Therefore, We recommend that You be careful and that You exercise common sense and good judgment when dealing with any User on the Site.

Third Party Relationships with Merchants, Advertisers, and Users.

Your correspondence with merchants, advertisers, or Users on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or User. You agree not to hold Hydraulic Supermarket liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or Users on the Site.

Provide Accurate Information.

You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You submit information to the Site for posting (including but not limited to posting an item for sale and making an offer or bidding on a posted item), You agree to provide true, accurate and complete information. Hydraulic Supermarket reserves the right to terminate Your account upon the discovery that the information You provided is not complete or accurate.

User Obligations.

You agree NOT to do any of the following while using the Site:

  • violate any applicable law or regulation;
  • post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
  • post or transmit any Content that infringes a third party's intellectual property rights, rights of publicity or privacy;
  • post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
  • access, tamper with or use non-public areas of the Site. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution;
  • tamper with postings of other Users;
  • do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
  • post or submit false or misleading information about a product or service;
  • frame or link to the Site except as permitted in writing by Hydraulic Supermarket;
  • impersonate or misrepresent Your affiliation with any person or entity.

You agree to:

  • abide by and follow Hydraulic Supermarket guidelines on posting and bidding, which may be updated from time to time
  • perform Your obligations as specified by the terms of Your posting once You have accepted a response, reply, offer or bid from another User;

User Submissions

Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Hydraulic Supermarket using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Hydraulic Supermarket or its affiliates for any purpose whatsoever.

Termination.

Hydraulic Supermarket reserves the right to terminate your use of the Site. We may cancel Your registration if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. Should you object to any of the terms of the Use Agreement or any subsequent revisions thereof or become dissatisfied with the Site in any way, your only recourse is immediately to:

  1. discontinue use of the Service;
  2. notify Hydraulic Supermarket of your termination.

The provisions of this Use Agreement titled "Disclaimer of Warranties," "Indemnity," "Limitation of Liability," and "General Provisions" will survive termination of Your registration.

Protection of Copyrights and Trademarks.

The Site contains trademarks and copyright material furnished by Hydraulic Supermarket and its licensors. You should assume that everything You see or read in publicly accessible areas of the Site is copyrighted unless otherwise noted. Hydraulic Supermarket authorises you to view and down load the materials at this Site only for your personal, non-commercial use, provided that you retain all Copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Hydraulic Supermarket. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any down loaded or printed copies You have made of the Site Content.

Reproduction.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Hydraulic Supermarket. Hydraulic Supermarket and its affiliates reserve the right to refuse service, terminate accounts, at its discretion, including, without limitation, if Hydraulic Supermarket believes that customer conduct violates applicable law or is harmful to the interests of Hydraulic Supermarket and its affiliates.

Links To Other Web Sites.

The Site may contain links to other web sites or resources. Links to third party web sites on the Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Hydraulic Supermarket has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Hydraulic Supermarket does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Limitation of Liability.

IN NO EVENT WILL HYDRAULIC SUPERMARKET, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS, INCLUDING GST, THEREOF.

Disclaimer of Warranties.

YOU USE THE SITE AT YOUR OWN RISK. The Site is provided on an "as is" and "as available" basis. Hydraulic Supermarket expressly disclaims any and all warranties of any kind, whether express or implied, regarding any goods or services purchased or obtained through the site or any transactions entered into through the site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Hydraulic Supermarket makes no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor does Hydraulic Supermarket make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that any defects in the software will be corrected. No advice or information, whether oral or written, obtained by you from or through the Site shall create any warranty not expressly made herein.

Indemnity.

You agree to defend, indemnify, and hold harmless Hydraulic Supermarket, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Hydraulic Supermarket for unsatisfactory performance of information and services listed on the Site, or Your violation of this Use Agreement.

General Provisions.

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of Hydraulic Supermarket. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of Hydraulic Supermarket shall be null and void.

This Use Agreement will be governed by and construed in accordance with the laws of the state of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of the state of Western Australia. If any part of this Use Agreement is held by a court of competent jurisdiction to be contrary to law, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. Hydraulic Supermarket's failure to exercise or enforce any rights or provisions of this Use Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hydraulic Supermarket in writing. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you forever waive any such cause of action. The section titles in this Use Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

The Use Agreement comprises the entire agreement between You and Hydraulic Supermarket with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein.

We suggest that You print out a copy of this Use Agreement and retain for Your records.

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