Terms Of Use

Terms of Use

EOTR™ Pty Ltd Site Services and Operation Terms of Use

Acceptance of Terms of Use

By accessing and using this Web Site provided by EOTR™ Pty Ltd and/or its affiliates, you agree to be bound by the following Terms of Use and all Terms and Conditions contained and/or referenced herein or any additional Terms and Conditions set forth on this Web Site and all such terms shall be deemed accepted by you. You should NOT use this Web Site if you do NOT agree to all these Terms of Use. You should NOT use the part of the Web Site which contains particular content (defined below) or through which particular transactions may be concluded and you should not use such content or conclude such transactions if you do not agree to any additional specific terms which apply to such content or to such transactions concluded through this Web Site.

Amendments to Terms of Use

These Terms of Use may be amended, modified or replaced by other Terms of Use by EOTR™ Pty Ltd at any time. Such amended Terms of Use shall be effective upon posting on this Web Site, and in accessing or using the EOTR™ Pty Ltd Web Site these Terms of Use are accepted in their then current version. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Other EOTR™ Web Sites may have their own terms of use, which apply to such Web Sites. Also, specific Terms and Conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “content") or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Web Content and Services

Information on this EOTR™ Pty Ltd Web Site is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy of its specific content, products, materials, services or information and software, as well as—as the case may be—related documentation, for viewing or downloading. Although care has been taken to ensure the accuracy of the information on this Web Site, EOTR™ assumes no responsibility therefore, and reserves the right to make changes or updates with respect to or in the content of the Web Site or the format thereof at any time without notice. All content is provided “as is” and “as available". Due to the nature of the internet and computer systems, EOTR™ hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non–infringement, or as to the continuous availability, operation or security of this Web Site or the content and further cannot accept any liability thereof. EOTR™ Pty Ltd may stop the operation of the EOTR™ Pty Ltd Web Site in full or in part at any time. In no event shall EOTR™ or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this Web Site or the content, even if EOTR™ has been advised of the possibility of such damages. Any action brought against EOTR™ pertaining to or in connection with this Web Site must be commenced and notified to EOTR™ in writing within one (1) year after the date the cause for action arose.

Hyperlinks

The EOTR™ Pty Ltd Web Site may contain hyperlinks to the Web Sites and web pages of third parties that are not under the control of EOTR™. As EOTR™ Pty Ltd does not control the information on any linked web pages, no responsibility in any way is taken for any contents, information or services given thereon or that may appear on such linked Web Sites in the future and EOTR™ Pty Ltd shall have no liability for such contents, information or services of such web pages and does not make representations about or endorse such web pages or their contents as its own. EOTR™ provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such Web Sites does not constitute endorsement, express or implied, by EOTR™ of the content of such Web Sites. The use of such web pages shall be at the sole risk of the User.

Registration, Password

EOTR™ reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion. In particular, in the interest of safety and security of the business transactions and the protection of minors from certain content classified by EOTR™ as suitable for mature audiences only, EOTR™ Pty Ltd reserves the right to determine certain sites, which were previously freely accessible, subject to registration and further to password protect such pages or sites with said restricted access, so that only registered Users may access said pages. EOTR™ Pty Ltd reserves the right to deny registration to any User, and is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password–protected areas by blocking its User Data (as defined below), in particular if the User uses false data for the purpose of registration; violates these Terms of Use or neglects its duty of care with regard to User Data; violates any applicable laws in the access to or use of the EOTR™ Pty Ltd Web Site; or did not use the EOTR™ Pty Ltd Web Site for a longer period. For registration the User will of their own choosing select a username and a password ("User Data") and shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its email address, as supplied to EOTR™ Pty Ltd, is current at all times and an address at which the User can be contacted. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log–off from the password protected Web Sites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify EOTR™ Pty Ltd thereof without undue delay in writing, or, as the case may be, by email. After receipt of this notification, EOTR™ Pty Ltd will deny access to the password–protected area under such User Data. Access by the User will only be possible again upon the User’s application to EOTR™ Pty Ltd or upon new registration. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event EOTR™ Pty Ltd will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed and as outlined in the Data Privacy Protection Policy.

Data Privacy Protection Policy

Personally identifiable data of the User of the EOTR™ Pty Ltd Web Site, and any other such personal information provided or collected through or in connection with this Web Site shall only be used in accordance with EOTR™’s Data Privacy Protection Policy. and with applicable laws on data privacy protection
"EOTR™” is a trademark of EOTR™ Pty Ltd

Duties of the User

In accessing or using the EOTR™ Pty Ltd Web Site the User shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so–called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or distribute advertising or unsolicited e–mails (so–called “spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity. EOTR™ Pty Ltd may deny access to the EOTR™ Pty Ltd Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

Software

Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. EOTR™ hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non–infringement with respect to the software.

Rights of Use to Information, Software and Documentation

The use of any information, software and documentation made available on or via this EOTR™ Pty Ltd Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with EOTR™ Pty Ltd. Separately agreed to license terms shall prevail over these Terms of Use. EOTR™ Pty Ltd grants the User a non–exclusive and non–transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the EOTR™ Pty Ltd Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by EOTR™ Pty Ltd in making same available. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case EOTR™ Pty Ltd shall make the source code available in return for the payment of costs. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

User Materials, Copyright and Intellectual Property

While EOTR™ Pty Ltd provides this site for the purchase of products by the User, display of news, information, advice and events, no responsibility or liability is taken by EOTR™ Pty Ltd in respect to inaccuracy, errors, omissions or for actions based on this information. Any material or information sent through or in connection with this Web Site by you ("User Materials") will be treated as non–confidential and non–proprietary, and immediately become the property of EOTR™, subject to any privacy policies posted on this Web Site. EOTR™ may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. This EOTR™ Pty Ltd Web Site and other EOTR™ Web Sites (www.eotr.com, www.eotr.com.au, www.eotr.de, and www.eotr.eu.com) are the property of the EOTR™ Pty Ltd. Copyright and all other proprietary rights in the content (including but not limited to software, audio, video, text and photographs) rests with EOTR™ Pty Ltd or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Web Site may be reproduced or distributed in unmodified form for personal non–commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of EOTR™ is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. Notwithstanding the particular provisions in these Terms of Use, information, brand names and other contents of the EOTR™ Pty Ltd Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of EOTR™ Pty Ltd. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User, nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

Liability, Viruses

Whilst EOTR™ Pty Ltd makes every endeavour to provide a secure site, which maintains the privacy of your transactions and the integrity and security of your personal information, EOTR™ cannot make any guarantees nor does it make any representations or warranties, express or implied, that the Web Site or the servers which make this Web Site available or electronic communications sent by EOTR™ are safe from viewing by unauthorized people. In accessing and utilizing this Web Site, the User acknowledges any information sent may be intercepted. The User further acknowledges that although EOTR™ Pty Ltd makes every endeavour to keep the EOTR™ Pty Ltd Web Site free from viruses, EOTR™ Pty Ltd cannot make any guarantee that it is virus–free. EOTR™ does not make any representations or warranties, express or implied, that the Web Site or the servers which make this Web Site available or electronic communications sent by EOTR™ are free from viruses or any other harmful elements. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. Notwithstanding this, the particular provisions in these Terms of Use do not intend nor imply any changes to the burden of proof to the User’s disadvantage.

Liability for defects of quality or title

The liability of EOTR™ Pty Ltd for defects in relation to quality and title shall be determined in accordance with the provisions of these Terms of Use. The information on the EOTR™ Pty Ltd Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The User undertakes responsibility for assessing the relevance and accuracy of specific content, thus the required performance of the product shall therefore be deemed acceptable by the User in the purchasing of said product, unless otherwise mutually agreed in each case at the time of purchase. Any further liability of EOTR™ Pty Ltd is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract–typical, foreseeable damage if there is no wilful misconduct or gross negligence. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.

Product Availability

The Web Site may contain references to specific EOTR™ products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your EOTR™ Business Representative for further information.

Export Controls

The export of certain information, software and documentation may be subject to authorization, e.g. due to its nature or intended use or final destination. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of Australia, the EU as well as the individual EU member states and the USA. EOTR™ Pty Ltd shall label information, software and documentation in relation to Australian regulations, EU export control lists and the U.S. Commerce Control List. The User shall particularly check and verify that the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons; no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin; no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods; no military consignees shall be supplied; and that the early warning instructions of the respective Australian authorities shall be observed. Access to software, documentation and information on the EOTR™ Pty Ltd Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, EOTR™ Pty Ltd shall not be obliged to perform. Upon request EOTR™ Pty Ltd shall inform the User of the relevant contact points for further information.

‘Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995:

The information on this Web Site may contain certain projections or forward–looking statements with respect to the financial condition, results of operations and business of EOTR™ Pty Ltd or any of its affiliates and certain of the plans and objectives of EOTR™ with respect to these items. By their nature, projections and forward–looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward–looking statements. These factors include, but are not limited to, levels of consumer and business spending in major economies, changes in consumer tastes and preferences, the levels of marketing and promotional expenditures by EOTR™ and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the Euro and the US dollar can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.

Place of Jurisdiction, Applicable Law, Supplementary Agreements

These Terms of Use shall be governed by and construed in accordance with the laws of Australia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of Victoria, Australia for all disputes, any claim or cause of action arising out of, relating to or in connection with these Terms of Use, their subject matter or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by EOTR™. EOTR™ Pty Ltd and/or its affiliates operate and administer the EOTR™ Pty Ltd Web Site and its individual pages, which comply with the law applicable in the country where the responsible company has its business residence. No representation is made by EOTR™ Pty Ltd that information, software and/or documentation on the EOTR™ Pty Ltd Web Site are appropriate or available for viewing or downloading at locations outside such country. Users accessing the EOTR™ Pty Ltd Web Site from outside such country, are exclusively responsible for compliance with all applicable local laws and where the EOTR™ Pty Ltd Web Site’s information, software and/or documentation is unlawful, access to such Web Site is prohibited. The User seeking to do business with EOTR™ Pty Ltd should, in this case, contact the EOTR™ Pty Ltd representative for the particular country, for country specific business. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. Any supplementary agreement requires the written form.

Have you still got a question or complaint?

If you have a question or complaint, please contact us using the Contact Us link in the Help area of the column at the left–hand–side of this Web Site.