Terms of Use 2017-09-28T11:48:29+00:00

Terms of use

Terms of Use

The business that provides this website and other online services
www.mechintel.com.au is made available by Mechintel ABN 51 618 451 648 of PO Box 2029, Geelong VIC 3228 (Mechintel). You can contact us via email info@mechintel.com.au.
When you read words “us”, “our” or “we”, it means Mechintel, and the words “you”, “user” or “your” means you, the visitor to our website and any and all software applications (Apps) or social media pages we provide (online services).
By using this website you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:

  • Terms of Use
  • Service terms and conditions
  • Payments and refunds
  • Privacy Policy
  • Disclaimer

We encourage you to carefully read and understand these terms and conditions before using the website or any of our services. If you don’t agree, your remedy is to stop using Mechintel.

Entire Agreement

Unless otherwise specified, all of the terms and conditions applicable to our online services constitute the entire agreement between you and Mechintel with respect to our online services.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.

Feedback, comments or complaints

If you have any questions, please contact usat info@mechintel.com.au and we will usually respond to all enquiries within two business days.

No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.

You expressly agree not to:

  • hack into areas of our online services that are not intentionally made available to you
  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate the our online services or underlying content

Your account

You agree to provide true and correct details when setting up your account. You will not create more than one account with Mechintel.

You agree that you will not share your Mechintel username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.

You agree that we can contact you as and when needed to provide the services offered by Mechintel via the email address and/or contact phone number where made available that you use to set up your Mechintel account. You acknowledge that it is your responsibility to keep your contact details up to date.

Links disclaimer

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Copyright, Trademarks and other Intellectual Property

Inspection Reports – Mechintel owns the intellectual property rights in the design and content of our inspection reports. Mechintel reserves the right to re-sell or otherwise use any report created. You agree to only use the report for you own personal and non-commercial use. You may not re-purpose the inspection report or its content without our prior consent. You must not re-sell the report.

Mechintel also owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us at info@mechintel.com.au if you require permission to reproduce any of the contents of our online services.

Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission:

You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content, or to our intellectual property.

Copyright infringement

If believe that there is material on our online services that infringes third party intellectual property rights, please contact us at info@mechintel.com.au with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from the Mechintel website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Disclaimer

Subject to all applicable laws, anything contained on our online services is provided “as is”, Mechintel does not provide any guarantee, warranty or representation about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services or Inspection Reports, for any purpose.

The information contained in the inspection report is based solely on the lay observations and opinions of the person who completed the report. Different people may see different things based on their experience with equipment. Your personal observations and opinions might differ from those contained in the report.

We do not warrant that every fault will be observed

Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our online services or the Inspection Reports.

Limitation of liability

To thefullest extent permitted by the law, Mechintel will only be liable to youpursuant to any guarantee, right or contractual term that arises, is created or isimplied by operation of law and that cannot be excluded PROVIDED THAT to the full extent permitted by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

Subject to the requirements of Australian Consumer Law, we will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our services in any way, unless your claim arises inconnection with any deliberate breach of these terms and conditions or negligence by Mechintel.

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

Indemnity

You agree to indemnify and defend Mechintel from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of our online services, or products or services included or advertised on our online services;
  • your negotiation for or purchase of any equipment inspected by Mechintel; or
  • your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws ofVictoria and Australia. You agree to be subject to the jurisdiction of the courts of Victoria if there was a serious dispute between you and us.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Manager, Mechintel’ and sent to info@Mechintel.com.au. We may provide notice to you via email or other electronic means.

Our services are not available outside Australia. Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mechintel as a result of this agreement or use of our online services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.