Terms and Conditions
This website located at https://www.nord.com/en/home-au.jsp (Website) is owned and operated by NORD Drivesystems (Aust) Pty Ltd ACN 133 520 966("we", "us" or "our").
By using this Website and in consideration of us granting you access to the Website, you confirm that these Terms and Conditions govern your access to and use of the Website and that you accept and agree to comply with them.
We recommend that you print a copy of these Terms and Conditions for future reference.
We reserve the right to amend these Terms and Conditions from time to time. Every time you wish to use the Website (including any registration) please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time.
Subject to these Terms and Conditions, we welcome all members of the public to view the content set out on our Website.
1. How to register
1.1 Whilst our Website is accessible by all members of the public, certain advanced features are only available to registered users (Registered Users), for example, the ability to save quote requests.
1.2 You may sign up as a Registered User of our Website via the process outlined in these Terms and Conditions.
1.3 Registration is available to any person or commercial entity, however individuals must be over 18 years of age to register.
1.4 To become a Registered User you must apply through our Website via the "Register" option. During the process, you will be asked to:
(a) confirm that you accept these Terms and Conditions (as updated from time to time in accordance with their terms); and
(b) verify the accuracy of the information you have provided and make any necessary corrections before submitting your application.
1.5 Once you have submitted your registration application, you will receive an email from us detailing your account and access information, including a confirmation link to activate your account. Once you have activated your account, you will receive a confirmation email.
1.6 You must provide us with accurate information in connection with your registration, and you are responsible for updating that information if any of your details change. If you receive a password to access your account, you must keep that password strictly confidential.
1.7 You may cancel your registration at any time by notifying us via your online account or at [email protected] .
2. Quote requests
2.1 You do not have to be a Registered User to use the Website to find out more about our products, to configure them, or to edit or print those configurations. Users may use the “Configure now” button to create a quote request. By further clicking the “Product Configurator” button, you may add products to this quote request. A completed quote request can be sent to us by selecting to the "Send Request" button.
2.2 The submission of a quote request is not an offer to purchase products.
2.3 One of our team members will contact you to discuss your quote request. We may send you a quotation in relation to a quote request. If we provide you a quotation, the quoted price will be binding on us for a period of 30 business days from the date of quotation and which may be accepted by you in accordance with the Terms of Business.
3.1 The images of the Products on the Website are for illustrative purposes only. To the maximum extent permitted by law, we shall not be liable for any inaccuracy in the depictions of the Products displayed on the Website.
3.2 All users may obtain information about spare parts and other products on our Website.
3.3 If you have any questions about the Products, you may contact us at [email protected] .
4.1 Prices listed on the Website are only accessible by Registered Users.
4.2 Prices listed on the Website are in Australian Dollars (AUD), exclusive of applicable taxes and all delivery related costs (including but not limited to insurance freight imposts customs duties and taxes).
4.3 We reserve the right to modify the price of Products listed on the Website at any time. We reserve the right to correct any errors or inaccuracies on the Website.
4.4 Prices listed and price lists are not an offer. You acknowledge price lists may be varied from time to time without notice and that it is your responsibility to check any price lists provided by us.
5. User communication
5.1 By becoming a Registered User, you acknowledge and agree that we may send you promotional and marketing information and materials, surveys, information concerning your registration and its status, information concerning your account and/or other information we deem appropriate from time to time. All communications include the option to unsubscribe at any time.
6. Intellectual Property
6.1 All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by us or licensed to us.
6.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with our prior written consent, or as permitted by law.
6.3 Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties.
6.4 You acknowledge and agree that you have no right, title or interest in or to any intellectual property rights in the Content or any intellectual property rights in any Products.
7. Links and Third Party Content
7.1 You must not frame or mirror any part of the Website without our prior written authorisation.
7.2 The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
8. Your conduct
8.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes (including for competitive advantage or to our competitive disadvantage);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;(d) interfere with, disrupt, or create an undue burden on the Website;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload, post, transmit or otherwise make available any material that:
- (i) is not your original work, or which may infringe the intellectual property or other rights of another person;
- (ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violenceor hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- (iii) includes an image or personal information of another person unless you have their consent;
- (iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- (v) contains large amounts of untargeted, unwanted or repetitive content; or (vi) contains financial, legal, medical or other professional advice.
(f) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;(g) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(h) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
(i) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.If you believe that a user has breached any of the above conditions, please contact us immediately at [email protected] .
9. User-generated Content
9.1 By uploading, transmitting, posting or otherwise making any material available via the Website, you grant us with a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968. Any material you upload to the Website will be considered non-confidential and non-proprietary.
9.2 We reserve the right to block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.
9.3 We are not responsible for, and accept no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Website by any third party. We do not endorse any opinion, view, advice or statement made by any third party, including any user reviews.
9.4 You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) in respect of any liability, loss or damage (including all legal and other costs on a full indemnity basis) suffered or incurred by us or any Affiliate arising out of or in connection with your breach of or failure to comply with these Terms and Conditions, or your default or wrongful conduct.
10.2 We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. We may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.
10.3 While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
11. Disclaimer and Liability
11.1 We do not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an "as is" and "as available" basis. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
11.2 To the extent permitted by law, we exclude all warranties, guarantees, conditions and representations (whether express or implied) that may apply to the Website or any Content on it. We will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:
(a) your use of, or inability to use the Website; or
(b) your use of or reliance on any Content or material displayed on the Website, including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.
11.3 Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being unavailable due to technical issues beyond our control.
13. Law and Jurisdiction
13.1 All disputes arising out of or in connection with these Terms and Conditions must be determined by courts having jurisdiction in Victoria.
13.2 These Terms and Conditions are governed by and are to be construed under the laws in force in Victoria, Australia.