Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Senor Tech web site located at
www.senortech.com.au, and all associated sites linked to www.senortech.com.au by Senor Tech, its
subsidiaries and affiliates. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT
AGREE, DO NOT USE THE SITE.
Senor Tech reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Senor Tech grants you a personal, nonexclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code (collectively, “Content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to Senor Tech, and is protected by copyright and trademark
laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Senor Tech’s express prior written consent.
You may use information on Senor Tech products and services (such as specification sheets, knowledge base articles, and marketing materials) purposely made available by Senor Tech for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other
systems or networks connected to the Site or to any Senor Tech server, or to any of the services offered on
or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Senor Tech, including any Senor Tech account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Senor Tech’s systems or networks, or any systems or networks connected to the Site or to Senor Tech.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Senor Tech on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Senor Tech or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or
features of the Site, including contests, promotions or other similar features, all of which terms are made
a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to use or participate in such
service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall
control with respect to your use of that portion of the Site or the specific service.
Senor Tech may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Senor Tech makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including
setting up an Senor Tech ID and password). You are entirely responsible for maintaining the confidentiality
of the information you hold for your account, including your password, and for any and all activity that
occurs under your account as a result of your failing to keep this information secure and confidential. You
agree to notify Senor Tech immediately of any unauthorized use of your account or password, or any other
breach of security. You may be held liable for losses incurred by Senor Tech or any other user of or visitor
to the Site due to someone else using your Senor Tech ID, password or account as a result of your failing
to keep your account information secure and confidential.
You may not use anyone else’s Senor Tech ID, password or account at any time without the express permission and consent of the holder of that Senor Tech ID, password or account. Senor Tech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Senor Tech’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use
by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message or information you send to the
Site may be read or intercepted by others, even if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Disclaimers
SENOR TECH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR
USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “ASIS”
AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. SENOR TECH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SENOR TECH
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENOR TECH DISCLAIMS
ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SENOR TECH SERVICES. YOU
ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST SENOR TECH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE
SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE
PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Senor Tech reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or nonroutine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Senor Tech be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if Senor Tech has
been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Senor Tech, its officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss,
liability, claims or expenses, made against Senor Tech by any third party due to or arising out of or in
connection with your use of the Site.
Violation of These Terms of Use
Senor Tech may disclose any information we have about you (including your identity) if we determine that
such disclosure is necessary in connection with any investigation or complaint regarding your use of the
Site, or to identify, contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Senor Tech’s rights or property, or the rights or
property of visitors to or users of the Site, including Senor Tech’s customers. Senor Tech reserves the right
at all times to disclose any information that Senor Tech deems necessary to comply with any applicable
law, regulation, legal process or governmental request. Senor Tech also may disclose your information
when Senor Tech determines that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Senor Tech may preserve any transmittal or communication by you with Senor Tech through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Senor Tech determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Senor Tech, its employees, users of or visitors to the Site, and the public.
You agree that Senor Tech may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Senor Tech, for which monetary damages would be inadequate, and you consent to Senor Tech obtaining any injunctive or equitable relief that Senor Tech deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Senor Tech may have at law or in equity.
You agree that Senor Tech may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Senor Tech does take any legal action against you as a result of your violation of these Terms of Use, Senor Tech will be entitled to recover from you, and you agree to pay, all reasonable solicitors’ fees and costs of such action, in addition to any other relief granted to Senor Tech. You agree that Senor Tech will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be
governed by the laws of the State of Queensland and by the laws of the Commonwealth of Australia
without regard to its conflicts of laws provisions.
In the event of any controversy or dispute between Senor Tech and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
These Terms of Use constitute the entire agreement between you and Senor Tech with regard to your use
of the Site, and any and all other written or oral agreements or understandings previously existing
between you and Senor Tech with respect to such use are hereby superseded and cancelled. Other than as
provided in a purchase agreement you enter into with Senor Tech, Senor Tech will not accept any counteroffers
to these Terms of Use, and all such offers are hereby categorically rejected. Senor Tech’s failure to
insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Senor
Tech of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct
between Senor Tech and you or any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third
parties.
Senor Tech provides access to Senor Tech international data and, therefore, may contain references or cross references to Senor Tech products, programs and services that are not announced in your country. Such reference does not imply that Senor Tech in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Senor Tech shall be free to
use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice. Copyright © 1997-2010 Senor Tech Pty Ltd. All rights reserved.
Updated by The Senor Tech Legal Team on June. 18, 2010