Conditions of Use
Welcome to D-GAS P/L (D-GAS). The D-GAS website was developed for your enjoyment and as an information resource for D-GAS products and services. By accessing this web site, you agree to be bound by the terms and conditions of use. If you visit or shop at D-GAS, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future D-GAS service or visit or purchase from any business affiliated with D-GAS, whether or not included in the D-GAS Web site, you will be subject to the guidelines and terms and conditions applicable to such service or business.
Access to and use of the information, products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions. Please direct any questions to:
D-GAS Pty Ltd. Webmaster 26B Hilly St, Mortlake NSW 2137 Australia
Unless expressly provided herein, the Services are licensed to you for your online viewing only. No further reproduction or distribution of the Services is permitted.
PRIVACY
Please review our Privacy Policy, which also governs your visit to D-GAS to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit D-GAS.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT, TRADEMARK AND SERVICE-MARK NOTICES
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of D-GAS or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of D-GAS and protected by Australian, United States and international copyright laws. All software used on this site is the property of D-GAS or its software suppliers and protected by Australian, United States and international copyright laws. Copyright © 2007, D-GAS P/L, PO BOX 502 Vaucluse NSW AUSTRALIA 2030.
All rights reserved.
The D-GAS P/L, D-GAS.com.au and other marks indicated on our web site are registered trademarks of D-GAS PTY LTD, D-GAS or its affiliates, in Australian or other countries. These and other D-GAS graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of D-GAS, D-GAS or its affiliates. D-GAS’ trademarks and trade dress may not be used in connection with any product or service that is not D-GAS’, D-GAS Pty Ltd’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits D-GAS All other trademarks not owned by D-GAS or its affiliates that appears in this site are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by D-GAS or its affiliates.
This web site is for your personal use only. You may not modify copy, distribute, display, reproduce, publish, transmit, license, create derivative works from, transfer or sell any information or services obtained from this web site. However, you may download copyrighted material for their individual and noncommercial use only. D-GAS, D-GAS and other names of D-GAS products and services are trademarks and/or service marks owned by D-GAS and may not be used without the prior written consent of D-GAS. Other service or product names referred to throughout this web site may be the trademarks, or service marks of their respective owners.
LICENSE AND SITE ACCESS
D-GAS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of D-GAS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of D-GAS. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of D-GAS and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising D-GAS' name or trademarks without the express written consent of D-GAS. Any unauthorised use terminates the permission or license granted by D-GAS.
LINKING
No sites may link to the D-GAS.com.au web site without the express prior written permission of D-GAS Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another Web site in any manner. Merely because a link may exist on another third-party site to this Web site, whether with or without our knowledge and/or permission, does not mean that D-GAS approves of, sponsors or is associated with the third-party Web site or its goods or services. Before linking, please submit requests for a link to D-GAS
RESPONSIBILITY FOR YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. D-GAS.com.au does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use D-GAS.com.au only with involvement of a parent or guardian. D-GAS Pty Ltd, D-GAS.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
LINKS TO INTERNET WEB SITES MAINTAINED AND OPERATED BY THIRD PARTIES
This web site contains links to Internet web sites maintained and operated by third parties. Neither D-GAS, nor its agents, nor its representatives operate or control in any way any information, products, or services contained on such third party web sites. Links to Internet web sites maintained and operated by third parties are included solely for the benefit of you, and do not constitute any endorsement by D-GAS , its agents or representatives. You expressly assume any and all responsibility related to their use of links to Internet web sites maintained and operated by third parties. In addition, we provide links to the sites of Authorised D-GAS Dealers, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. D-GAS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
INDEMNIFICATION OF D-GAS
As a condition of using this web site, you agree to indemnify and hold harmless D-GAS , its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to D-GAS on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain D-GAS property. Such disclosure, submission or offer of any Comments shall constitute an assignment to D-GAS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, D-GAS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. D-GAS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any of your Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. You shall remain solely responsible for the content of any Comments you make.
You agree that D-GAS may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your personal identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that D-GAS may use your information for marketing and promotional purposes.
SPECIAL DISCLAIMER RELATING TO D-GAS FORUMS
D-GAS has created a number of services for you. The D-GAS Discussion Forums contain information provided by, and links to third parties who are independent from D-GAS. D-GAS cannot control and cannot edit information provided by these third parties prior to transmission on the D-GAS Forums, nor can D-GAS ensure prompt removal of inappropriate or unlawful content after transmission. The information contained on the D-GAS Forums are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of D-GAS Therefore, as a condition of using the D-GAS Forums, in addition to all other disclaimers, representations, limitations, and indemnifications contained throughout this website, you expressly represent that you understand and agree to the following:
D-GAS makes no representations about the suitability of the information contained on the D-GAS Forums for any purpose. D-GAS makes no, and expressly disclaims, any representations or warranties, express or implied, regarding the D-GAS Forums, including, without limitation, the accuracy, completeness or reliability of text, graphics or links. All information and services contained on the D-GAS Forums are provided "as is" without warranty of any kind, and no advice or information published by D-GAS, its agents or representatives shall create any warranty.
In no event shall D-GAS, its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequential damages, including attorney's fees, lost profits, or lost revenues, arising from or in any way connected with the use of the D-GAS Forums, or with the delay or inability to use the D-GAS Forums, whether based on contract, tort, strict liability or otherwise, even if D-GAS and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to your residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.
RISK OF LOSS
All items purchased from D-GAS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT INFORMATION AND DESCRIPTIONS
Most D-GAS products displayed at the Site are available in select Authorised D-GAS Dealers stores in the Australian and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in Authorised D-GAS Dealers stores. The prices displayed at the Site are quoted in Australian Dollars and are valid and effective only in Australian. D-GAS attempts to be as accurate as possible. However, D-GAS does not warrant that product descriptions, color (actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate) or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by D-GAS itself is not as described, your sole remedy is to return it in unused and unopened condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. The materials on this web site are to be used for informational purposes only and may include inaccuracies or typographical errors. Changes are periodically made to the information on this web site. D-GAS reserves the right to make improvements and/or changes to the content of this web site at any time, with or without notice. D-GAS makes no representations about the suitability of the information and services contained on this web site for any purpose. To the full extent permissible by applicable law, D-GAS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. D-GAS does not warrant that this site, its servers, or E-mail sent from D-GAS are free of viruses or other harmful components. D-GAS will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All information and services contained in this web site are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site, and no advice or information published by D-GAS, its agents or representatives shall create any warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimer may not apply to you, and you might have additional rights.
2. D-GAS cannot control and edit content provided by a third party prior to transmission on this web site, nor can D-GAS ensure prompt removal of inappropriate or unlawful content after transmission. Third party postings are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of D-GAS
3. In no event shall D-GAS, its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequential damages, including attorney's fees, lost profits, or lost revenues, arising from or in any way connected with the use of this web site or with the delay or inability to use this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if D-GAS and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to those person’s residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.
GOVERNING LAWS
By visiting D-GAS.com.au you agree that all legal issues arising from or related to the use of the D-GAS web site and its services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of NSW applicable to contracts entered into and wholly to be performed within said state, unless expressly stated to the contrary elsewhere within these Conditions of Use.
DISPUTES
Any dispute relating in any way to your visit to D-GAS.com.au or to products you purchase through D-GAS shall be submitted to confidential arbitration in Sydney NSW, except that, to the extent you have in any manner violated or threatened to violate D-GAS’ intellectual property rights, D-GAS may seek injunctive or other appropriate relief in any state or federal court in the state of NSW, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the NSW Arbitration Association or similar. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION OF D-GAS
As a condition of using this web site, you agree to indemnify and hold harmless D-GAS, its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to D-GAS.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your sole responsibility to regularly review such terms and conditions. Continued use of this web site following any such changes shall constitute your acceptance of such changes.