Custom Fluids Terms of Use Agreement
January 2023
This website is owned and operated by Custom Fluids Pty Ltd. The terms “you” or “your” refer to the user or viewer of this website.
Acceptance of Agreement
This Terms of Use Agreement (the “Agreement”) applies to all visitors and registered users of this website. This Agreement is between you and Custom Fluids to govern your use of the website. By using the website, you agree to be bound by this Agreement and Custom Fluids’ Privacy Policy. Custom Fluids reserves the right to modify this Agreement from time to time and such modifications shall be effective upon posting by Custom Fluids on this website. Your use of this website constitutes acceptance of the terms of this Agreement. Your continued use of the website following the posting of any changes to this Agreement constitutes acceptance of agreement to those changes. You agree that Custom Fluids shall not be liable to you or to any third party for any modification, suspension or discontinuation of the website or Terms of Use.
Some services are available on the website that may be subject to additional terms that are posted on the website, and are incorporated by reference into this Agreement. In the event of any inconsistency between this Agreement and additional posted terms for a service, the provisions of the additional service terms shall govern.
Use of the Website
This website provides resources and information to assist in doing business with Custom Fluids.The content of the website may be changed or modified from time to time without notice.The resources and information are for personal use only and may not be used for commercial means or distribution. You may not use the website or any content or information on the website for any illegal purpose.
In order to use the resources on the website, we may ask you to register with the website by creating an account (to be introduced).Registration with the website will require the submission of your full name and email address, and the creation of a user name and password. Additional information may be required if using the resources for purchasing products or services (to be introduced) from Custom Fluids. When available, should you choose to register with the website, you agree that (a) you will provide true, accurate, current and complete information about yourself, and (b) timely update any and all registration data you provide to keep the information accurate, current and complete.
Once introduced, if you create a user account for the website you are solely responsible for maintaining the confidentiality and security of your log-in information and passwords.
Once introduced, if at any time you wish to delete your account, you may contact Custom Fluids at [email protected].
You are prohibited from interfering with the website’s operation, hacking into password-protected areas or providing fraudulent information.
Disclaimer of Warranty
Custom Fluids does not promise that the website will be error-free, uninterrupted, free of viruses or other harmful content. The website and its content are delivered “as-is” without warranty, either expressed or implied. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. You agree that all access and use of this website and its contents are at your own risk. Custom Fluids attempts to keep the information on this website as accurate as possible but makes no warranties regarding accuracy or suitability of the information contained on the website.
Limitation of Liability
Under no circumstances will Custom Fluids, its affiliates, partners or employees, be liable to you or any third party for any direct, indirect, or consequential damages that result from the use of, or inability to use, the website, reliance by any party on any information obtained through the website, or that arises in connection with mistakes or omissions in such information, or the unauthorized access to or the misappropriation of any content on the website. This limitation applies even if Custom Fluids has been advised of the possibility of such damage.
Links to Other Websites
Custom Fluids occasionally provides links to external websites for your convenience. You acknowledge that Custom Fluids is providing these links to you only as a convenience, and Custom Fluids does not endorse these websites nor is Custom Fluids responsible for the content or security of these websites. Your use of other websites is subject to the terms of use and privacy policies located on the linked external websites.
Indemnification
Upon request by Custom Fluids, you agree to defend, indemnify, and hold harmless Custom Fluids, and Custom Fluids’ affiliates, partners and employees, from liabilities, claims, and expenses, including attorney’s fees that arise out of or in connection with your use or misuse of this website. Custom Fluids reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Custom Fluids.
Trademarks/Service Marks/Trade Names/Logos
Custom Fluids logos and designs are the trade names, trademarks or service marks of Custom Fluids.These trade names, trademarks, service marks and logos may not be used, published or distributed without the consent of Custom Fluids and nothing contained on this website grants by implication, waiver, estoppel, or otherwise, any right to use such trade names, trademarks, service marks and logos. All other logos, trademarks and service marks on the Custom Fluids website are the property of their respective owners.
Copyright
All Materials, including without limitation all information and screens appearing on this website, all documents, products, software, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are protected by copyright laws. Custom Fluids is the owner of the copyrighted materials on the website except for the materials used under license by Custom Fluids. Except as otherwise permitted by these Terms of Use or applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Copyright Policy
Custom Fluids respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content hosted by this website infringes your copyrights, please notify Custom Fluids using [email protected] along with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow Custom Fluids to locate the material;
- The name, address, telephone number and email address (if available) of the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Applicable Law
This Agreement will be governed by the laws of the State of Victoria and Commonwealth of Australia. You expressly agree that the jurisdiction for any claim or action arising out of or relating to this agreement or your use of this site will be filed only in the state or federal courts in the state of Victoria or Commonwealth of Australia respectively.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Custom Fluids with respect to the website, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Custom Fluids with respect to the website.
Termination
Custom Fluids may terminate your access to any portion of the website at any time for any reason without notice. Custom Fluids reserves the right to seek all remedies available by law and in equity for violations of this Agreement and/or the Custom Fluids Privacy Policy.