Terms & Conditions
SUTTON TOOLS PTY LTD
TERMS & CONDITIONS
Effective date: 1st September 2023
Introduction.
This website (www.suttontools.com) and the contents of this website (including information, artwork, text, video, audio, photographs, content, trademarks, trade dress and other intellectual property owned by Sutton Tools or our licensors) that is made available through the Website (Sutton Tools Content), except where otherwise indicated, are owned by Sutton Tools Pty Ltd ABN 12 004 175 731 of 378 Settlement Road, Thomastown VIC 3074 (Sutton Tools). Your access to and use of the Website and the contents therein shall be governed by the Terms and Conditions of Use of Website (Terms), as amended by Sutton Tools from time to time. By continuing to use the Website and the contents therein, you are deemed to have read, understood and agreed to these Terms and Conditions. If you do not agree to be bound by these Terms, then you should immediately cease to use the Website.
1. Overview.
The Website provides a venue for you to obtain information about Sutton Tools’ products, the services that are in addition to the products, and about Sutton Tools generally.
2. Ownership; Reservation of Rights.
The Website and the associated Sutton Tools Content are the proprietary property of Sutton Tools and its licensors, and are protected by Australian and international copyright, trade mark and other intellectual property laws. “Sutton Tools” and all product names appearing on this Website are trademarks of Sutton Tools or its licensors, as the context requires. Sutton Tools and its licensors retain all rights with respect to the Website and Sutton Tools Content, except those expressly granted to you under these Terms.
3. Grant of Rights.
Subject always to your compliance with these Terms, Sutton Tools grants to you the right to access the Website and the Sutton Tools Content for your personal, non-commercial use. Except as expressly permitted by law, you shall not: (a) license, sub-license, sell, re-sell, distribute or otherwise commercially exploit either the Website and/or Sutton Tools Content; (b) modify or make derivative works based upon the Website or the Sutton Tools Content; or (c) reverse engineer, reverse compile, or access the Website or Sutton Tools Content to build a competitive product or service.
4. Comments and Feedback.
Sutton Tools may give or make available the tools to allow you to provide comments or feedback regarding our Website or the Sutton Tools Content. By providing such comments or feedback, you irrevocably grant to us the right to use your comments and feedback for the purposes of improving the Website and any such comments or feedback will be treated by us as being non-confidential and non-proprietary.
5. Acceptable Use.
As a condition of your access to and use of the Website and the Sutton Tools Content, you agree to comply with the following conditions for acceptable use. In accordance with this provision, you agree that you will not: (a) upload, email or otherwise transmit any images or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable; (b) disseminate materials that impact on or invade the privacy of others, such as photographs, video clips, sound recordings, personal information of third parties, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent; (c) submitting material that is intentionally or recklessly false, defamatory, unlawfully threatening or unlawfully harassing; (d) infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; (e) transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms; (g) use the Website in a manner that could disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website; (h) use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities; (i) seek to obtain access to any materials or information through hacking, data harvesting or through other means we have not intentionally made available to you through the Website; or (j) use the Website for any purpose that is unlawful or prohibited by these Terms.
6. Jurisdiction.
The Website and the Sutton Tools Content set out on this Website are intended only for residents of Australia.
7. Monitoring; revocation or suspension of use privileges.
Sutton Tools reserve the right at any time to: (a) monitor your use of the Website; and (b) terminate or suspend your use of some or all of the Website if you engage in activities that Sutton Tools concludes, in its discretion, breaches clause 6 of these Terms or any other provision of these Terms. To the maximum extent permitted by law, Sutton Tools is not liable to you and assumes no responsibility for any loss or damage which you incur or claim as a result (directly or indirectly) of Sutton Tools’ exercise of rights conferred by this clause.
8. Links to Third Party Websites.
The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Sutton Tools has no control over any of the Linked Sites or the content accessible via the Linked Sites. To the maximum extent permitted by law, Sutton Tools does not assume responsibility or liability for any content, opinions or materials available on any of the Linked Sites. Sutton Tools does not endorse the owner or operator of a Linked Site, nor does Sutton Tools endorse the content of any Linked Site. Sutton Tools does not warrant to you that a Linked Site will be free from computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site (including a Linked Site), you agree and understand that such use is at your own risk. To the maximum extent permitted by law, Sutton Tools is not liable to you and assumes no responsibility for any loss or damage which you incur or claim as a result of your visit to or reliance on the content of a Linked Site.
9. Warranty Disclaimer.
To the maximum extent permitted by law, Sutton Tools does not represent or warrant to you that the Website or the Sutton Tools Content will be error-free or uninterrupted, or that you will obtain specific results from your access to the Website or your use of any content, search or link on it. The Website and the Sutton Tools Content are delivered on an “as is” and “as available” basis. When you access the Website, you do so at your own risk. Although Sutton Tools will use its reasonable endeavours to ensure that the Sutton Tools Content is free from viruses and other harmful code, Sutton Tools does not represent or warrant that any material you access or download from the Website is free from viruses or other harmful code. You acknowledge and agree that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that your data submitted to Sutton Tools is transmitted to Sutton Tools at your own risk. To the maximum extent permitted by law, Sutton Tools expressly disclaims: (a) all warranties (express or implied) including any implied warranties, or guarantees under Australian Consumer Law, of merchantability, acceptable quality or fitness for a particular or disclosed purpose; (b) any responsibility or liability for the accuracy, content, completeness or legality of information available through the Website; and (c) any responsibility or liability for harm resulting from downloading or accessing information through the Website, including harm caused by viruses or other harmful code. You expressly agree that use of the Website and the Sutton Tools Content is at your sole risk.
10. Limitation of liability.
To the maximum extent permitted by law, under no circumstances, including but limited to, breach of contract, tort or negligence, will Sutton Tools be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential loss or damages (including lost profits) that arise out of or are related to your use of the Website or Sutton Tools Content. To the extent that Sutton Tools cannot lawfully exclude any term, guarantee or liability to you under the Australian Consumer Law, then to the maximum extent permitted by law, Sutton Tools limits its liability to you to the cost of resupplying the products and/or services to you and you agree that such limitation of liability is reasonable in the circumstances.
11. Indemnity.
You agree to defend, indemnify and hold Sutton Tools harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
12. Modification to these Terms and/or to the Website.
Sutton Tools may modify, amend or replace these Terms over time. Such modification, amendment or replacement will not apply retroactively, and will only apply the first time you access the Website or view or download the Sutton Tools Content. Sutton Tools reserves the right to update the Website (including the Sutton Tools Content). Your continued use of the Website after the amendment or variation to these Terms, or their replacement, shall be deemed to indicate your acceptance of these Terms, as amended, varied or replaced.
13. Privacy.
The Privacy Policy explains how Sutton Tools deals with personal information that Sutton Tools collects, including how Sutton Tools uses personal information, the purposes for which personal information is collected and the usual recipients of Sutton Tools’ disclosure of personal information. You can access and read the Privacy Policy on the Website. Without limiting the Privacy Policy, Sutton Tools may from time to time collect personal information from you in connection with your access to and use of the Website, including through the use of cookies and similar technology. The purposes for which personal information is collected from you are set out in the Privacy Policy.
14. General.
These Terms shall be governed in all respects by the laws of the State of Victoria, Australia, without giving effect to any conflicts of law provisions. Both parties submit to the jurisdiction of and venue in the state and federal courts in the State of Victoria. If any provision of these Terms is held to be invalid or unenforceable,