TSSCO.com.au (‘the web site’ and/or ‘the site’) is owned and operated by Transmission Supply and Service Company Pty Ltd (ABN: 87 004 997 979, here in referred to as ‘TSS’).
TSS collects information about our web site visitors through online forms which the user elects to fill out, and through email or over the phone. TSS warrants that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances. This information is used for purposes reasonably related to the provision of goods and services through TSS, including marketing activity.
Restrictions on use of content and intellectual property the web site
All materials, text, graphics, information, software and advertisements on the web site is Copyright © 2015 TSS, the authors, managers, partners and/or licensors, unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of TSS, except where authorised on the web site, or is expressly authorised in writing by TSS or its authorised partners or members.
Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may:
a) using an industry-standard Web browser, download and view the content for personal, non-commercial use; or
b) Internet service and/or access providers, may supply the content to subscribers.
Public use of the web site
The web site may contain facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that users do not:
a) restrict or inhibit any other user from using or enjoying any public communication facility; or
b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or
c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; or
d) post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner.
User licence to TSS
By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to TSS a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. Use, copy, sub-licence, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of TSS and any other party authorised by TSS all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of TSS, and expense of the user, the user will execute and deliver to TSS such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and e-commerce offers
The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of TSS, and TSS is not responsible for the contents of any linked web site or any hyperlink contained in a linked website.
Limitation of liability and Disclaimer
The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by TSS of goods or services on the web site which cannot be excluded, restricted or modified (“Non-Excludable Rights”). TSS does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-Excludable Rights:
a) all Content is provided “as is” and without warranties of any kind, either express or implied;
b) TSS and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
c) TSS does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components;
d) TSS does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not TSS) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
Under no circumstances (including but not limited to any act or omission on the part of TSS) will TSS or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that TSS does not exert control over users of the web site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, TSS’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TSS to the following: in the case of services supplied or offered by TSS,
(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again;
and in the case of goods supplied or offered by TSS,
(c) the replacement of the goods or the supply of equivalent goods;
(d) the repair of such goods;
(e) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(f) the payment of the cost of having the goods repaired.