Access Agreement
Please read this Access Agreement before accessing the Ankermann Web site. This agreement governs your access to and use of the Web site. Entering the site indicates your acceptance of this Agreement, and you agree to be bound by it. For the purposes of this Agreement "Ankermann" means Ankermann Pty Limited (ABN 29 137 930 762) and its associated, affiliated and subsidiary companies including Ankermann Corp. and "User" means the person who is using any Ankermann website for business purposes.Disclaimer
By using this Ankermann Web Site you are indicating your agreement with the following sections:A. Access and information
Your access is limited to viewing Ankermann information solely for legitimate business purposes. Any access or attempt to access other Ankermann computer systems or other information contained on Ankermann systems without Ankermann's consent for any reasonis prohibited. You agree not to use any information contained on this Web sitefor other than legitimate business purposes.B. Ankermann's Responsibilities
1. Alldata and calculations (incl. drawings) itemized on this Web Site are forthe user's guidance only. All such data and calculations are based upon theprinciples, formulas and safety factors set out in the Ankermann technicalinstructions, the operating manuals, the setting manuals, and the installationmanuals. Any values therein are based on the respective average values obtainedduring the product testing phases. Due to variations in materials, on-sitetesting must be performed to determine performance at any specific site.2. Any modification of this data or calculations (incl. drawings) by the userwithout Ankermann's consent or knowledge could result in an application notfulfilling legal health and safety legislation. The user agrees to indemnifyand hold harmless Ankermann from all claims relating to loss or damage suffered byany party due to applications based on changes made by the user to data orcalculations on any Ankermann Web site without the written consent of an authorisedrepresentative of Ankermann.
3. The Web Site has been designed in such a way so as to give a specific type ofresult from the data that has been entered. It remains the responsibility ofthe user and/or engineer responsible for the project to check these resultsbefore use and to assure that these results are suitable for the customer's specific application.
4. All information and user programs provided on this Web Site are only aidswithout any guarantee as to their validity or for the accuracy of anycalculation in a specific application.
5. Whether or not Ankermann has been advised of the possibility of such loss, Ankermannshall not in any circumstances be liable in contract, tort or otherwisehowsoever arising for any claim, damage, loss or costs in respect of:
(i) any losses special to any user of any Ankermann Web site, any direct loss of profits, any direct loss of turnover and/or any direct loss of revenue; and
(ii) any indirect or consequential loss or damage howsoever caused including without limitation any losses special to the user of the Ankermann website, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of data and for the avoidance of doubt, the sub-clauses in this section are intended andagreed by the user to be severable.
6. All materials posted on this Web site are "as is" and withoutwarranties express or implied except those warranties implied by Statuteincluding the Trade Practices Act (C’W) and the Fair Trading Act (N.S.W.).Other than those implied warranties, Ankermann disclaims all warranties includingany warranty of merchantability and fitness for a particular purpose. Ankermanndoes not warrant that functions contained on this Web site will beuninterrupted or error-free, that defects will be corrected, or that this siteor the server are free of viruses or other harmful components. Ankermann does notwarrant or represent the use of the materials on this Web site in terms oftheir correctness, accuracy, reliability, or otherwise.
C. User's responsibilities
1. You acknowledge that your use of any Ankermann Web site is for business purposesonly and that you will not use any Ankermann Web site as a “consumer” as definedin the Trade Practices Act (C’W) or the Fair Trading Act (VIC).2. Ankermann is not engaged in rendering engineering or other professional services.if engineering or other expert assistance is required, the services of acompetent professional person should be sought.
3. Given section C2 above, you assume all responsibilities and obligations withrespect to your selection of Ankermann products to achieve intended results.
4. As all information on this Web site is for guidance only, you assume allresponsibilities and obligations with respect to any advice which you may giveto a third party without Ankermann's written consent in advance in relation to anyAnkermann product.
5. You may only use this site for lawful purposes. You must not illegallytransmit, distribute or store any material or violate any applicableregulation. This includes, without limitation, material which is protected byany Intellectual Property Rights of a third party.
6. In the interests of all our users, Ankermann will co-operate with investigations byany law enforcement or relevant authorities of suspected criminal activity orviolation of our systems or network.
D. Intellectual Property Rights
1. All Ankermann Web sites contain Intellectual Property Rights which belong wholly toAnkermann Corp. For the purposes of this Agreement, Intellectual Property Rightsmeans any patents, trade marks, service marks, design rights (whetherregistrable or otherwise), applications for any of the foregoing, copyright,database rights, domain names, know-how, trade or business names and othersimilar rights or obligations whether registrable or not in any country (includingbut not limited to Australia).2. Copyright in the whole and every part of any Ankermann Web site including the lookand feel belongs to Ankermann and all such copyright may not be used, sold, copiedor reproduced in whole or part in any manner or in any media to any personwithout the prior written consent of Ankermann.
3. The user expressly acknowledges that all other Intellectual Property Rights onany Ankermann Web site belong to Ankermann, and that any user of any Ankermann Web sitegains no right, title or interest in or to such Intellectual Property Rights.Ankermann permits the use of the content of any Ankermann Web site for legitimatebusiness purposes but in no event shall any user otherwise copy, reproduce,distribute, transmit, upload, download, store, alter, modify or display anycontent of any Ankermann Web site without Ankermann's consent or in such manner aswould be prejudicial to Ankermann's business interests.
E. Security, User identification and password protection
1. Ankermann user identification and passwords shall be maintained as personal andconfidential. Transferring or sharing assigned user identification and passwordinformation is strictly prohibited. Any violation of this prohibition shallresult in immediate termination of access to the Ankermann Web site as well asliability to Ankermann for any damage or loss suffered by any party due to such breach.It is your sole responsibility to protect your password from unauthorized use.Therefore, you may be responsible for any charges allocated to your useridentification and password unless it is proven that such charges arose fromany fault of Ankermann or through no fault of your own.2. Ankermann will use all reasonable means to protect any Ankermann Web site from anybreaches of security including illegal entry by hackers and/or users of anyAnkermann Web site who act in a manner which is prejudicial to Ankermann's interests.However Ankermann shall bear no liability to any user for:
(i) the acts and/or omissions of any hacker or unauthorised user on the Ankermann Web site;
(ii) any content on the Ankermann Web site which has been placed by any hackers or users of the Ankermann Web site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and
(iii) any acts or omissions of any users and/or hackers which may infringe the Intellectual Property Rights of any third party.
3. The user may find that a Ankermann Web site is linked to or from other web sitesthrough hypertext links or other computer links. If the user decides to doubleclick on any of the links contained on any Ankermann Web site, it will leave thisWeb site. Ankermann, as provider of this site, will bear no liability to any usernor endorse nor take any responsibility for the contents, graphics, data and/orany other information on the site to which the user will be transferring.
F. Standard transactions
You acknowledge and agree that when you purchase Ankermann products or services throughthis Web site Ankermann's standard Terms and Conditions of Sale shall applyto all transactions.G. Communications
1. All information communicated to Ankermann through this Web site may be used byAnkermann in accordance with our Privacy Policy.2. Ankermann takes a very serious approach to the issue of data protection. Our policyis set out in our Privacy Policy which appears at this Web site's registrationpage. So that we may comply with our legal obligations, you are required toread and agree to the Privacy Policy should you register any personal detailswith Ankermann through this Web site. If you do not agree to the Policy, you willnot be able to become a registered user of the Web site.
3. It is your responsibility to ensure that the information which we hold aboutyou is up to date and accurate.
4. Ankermann reserves the right to modify, add or change any Ankermann Web site, this Agreement, the Privacy Policy and any Terms and Conditions of Sale inorder to keep this Web Site up to date. Any such changes will be effectiveimmediately when posted on the Web site. It is your responsibility as a user ofthe Web site to ensure that you are aware of any such changes and you will bedeemed to have accepted them if you access the Web site after any changes havebeen made.
