Website Terms of USE

General

Esdan.com.au (“Website”) is published by Esdan Plastics Pty Ltd. (“Esdan Plastics”). These Terms of Use, and the Privacy Policy, which is hereby incorporated into this agreement (hereinafter collectively referred to as “Agreement”) set forth the terms to which all visitors and users of the Website agree to be bound. You use the Website at your own risk. YOU HAVE A DUTY TO READ THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR MANIFESTATION TO AND INTENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MUST TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY. ESDAN PLASTICS RESERVES THE RIGHT TO MODIFY, LIMIT, DISCONTINUE, OR REPLACE THE WEBSITE AND THIS AGREEMENT IN ITS SOLE AND ABSOLUTE DISCRETION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT ESDAN PLASTICS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT HERETO.

Representations and Warranties

You represent, warrant, and agree that you have the right, power, and legal capacity to enter into this Agreement and to accept and adhere to the rights, obligations, and duties granted under its terms. Persons under the age of eighteen (18) may not use the Website. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement. If you are using the Website on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. You represent, warrant, and agree to:
  • comply with the terms of this Agreement in good faith.
  • not use the Website outside of the uses specifically provided for under this Agreement.
  • not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.
  • not post false, misleading, or defamatory content.
  • not distribute viruses, malware, spyware, spam, chain letters, or any other harmful or unsolicited files or communications.
  • not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, harvest, collect or sell information about users of the Website or any other content or information found on the Website in any form or by any means, in whole or in part, without the prior written consent of Esdan Plastics.
  • not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website.
  • not use the Website to sell or offer for sale any goods or services of any kind.
You understand and agree that:
  • Esdan Plastics may use, not use, lease, sell, and/or destroy any data or information related to the Website without notice at its sole discretion.
  • Esdan Plastics does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in Australia and Esdan Plastics makes no representation that the Website is appropriate, lawful, or available for use in other locations.
  • Esdan Plastics cannot be held liable for any user’s failure to truthfully or accurately disclose their identity.
  • You will hold harmless, defend, and indemnify Esdan Plastics for any and all claims, demands, judgments, liabilities, costs, or fees, including reasonable attorneys’ fees, arising out of or relating to disputes over transactions entered into through the Website. Your agreement to defend Esdan Plastics under this section will not provide you with the right or ability to control Esdan Plastics’ defense.

Disclaimer of Warranties

ESDAN PLASTICS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES THAT MAY BE LINKED TO OR THROUGH THE WEBSITE. ESDAN PLASTICS PROVIDES THE WEBSITE AND RELATED SERVICES ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY. ESDAN PLASTICS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. ESDAN PLASTICS DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, UNAUTHORIZED ACCESS, DESTRUCTION OF IDENTITY, OR ALTERATION OF OR TO THE WEBSITE. ESDAN PLASTICS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. ESDAN PLASTICS DOES NOT GUARANTEE THE CURRENTNESS OR ACCURACY OF THE CONTENT OR INFORMATION PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, PRODUCT NAMES, SPECIFICATIONS, DIMENSION DIAGRAMS, AND INSTALLATION INSTRUCTIONS. ESDAN PLASTICS IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ADVERTISER OF WEBSITE.

Ownership of Website and Content

Esdan Plastics is the owner or licensee of all rights in and to the Website, the trademarks displayed on the Website and any and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the Website. The Website is subject to all applicable intellectual property and other laws. You are expressly prohibited from using Esdan Plastics’ trademarks, trade names, trade dress, design marks, trade secrets, or copyrightable works outside of the uses expressly stated in this agreement and without the prior written consent of Esdan Plastics. Esdan Plastics grants you a limited, revocable, non-exclusive, non-sublicensable, and royalty-free license to use the Website. This limited license automatically terminates upon a breach of any of the terms of this Agreement. You warrant and agree that you will not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website. You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Esdan Plastics. Esdan Plastics is always seeking ways to enhance your user experience. If you have any meaningful suggestions, ideas, proposals or material that you would like to see incorporated into your user experience, you may contact Esdan Plastics. Any material or feedback you provide to Esdan Plastics is not confidential, and Esdan Plastics is not liable for the disclosure of such material. You shall receive no profit for such suggestions, ideas, proposals or other material, and you grant Esdan Plastics a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your suggestions, ideas, proposals or material for any purpose, including, without limitation whatsoever.

Prohibited Use of Website

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are prohibited from the following conduct, without limitation:
  • Circumventing Esdan Plastics’ technological or security protection mechanisms;
  • Misusing another user’s personal information;
  • Interfering with the operation of the Website;
  • Impersonating another;
  • Attempting to gain access to the private data or personal information of a user of the Website or a third party;
  • Transmitting unsolicited commercial messages, or spam, through the Website or to users of the Website;
  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  • Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, or a chain letter;
  • Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually-oriented, racially offensive, or otherwise harmful;
  • Using a script, robot, spider, scraper, or other automated technology to access the Website;
  • Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  • Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
  • Posting or transmitting content that violates any term or condition of this Agreement; or
  • Posting or transmitting content or using the Website in a manner that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.

Indemnification

You agree that you will hold harmless, defend, and indemnify Esdan Plastics Pty Ltd including its members, employees, agents, affiliates, directors, officers, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys’ fees, that arise out of or in connection with your use of the Website, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Esdan Plastics will survive the termination or failure of this Agreement and your use of the Website. Your obligation to defend Esdan Plastics under the terms of this Agreement will not provide you with the right to control Esdan Plastics’ defence, and Esdan Plastics reserves the right to control its defence regardless of your contractual requirement to defend Esdan Plastics.

Assignment

You are prohibited from assigning your rights and duties under this Agreement to a third party. Esdan Plastics reserves the right to assign its rights and duties under this Agreement at any time, including in a sale of Esdan Plastics or the Website. In the event of an assignment by Esdan Plastics, you understand and agree that Esdan Plastics may share any information collected for the purposes set forth in the Privacy Policy.

Jurisdiction and Choice of Laws

You understand and agree that Esdan Plastics and the Website are located in the State of Victoria for all legal and non-legal purposes. You also agree that the Website does not give rise to personal jurisdiction over Esdan Plastics in states other than the State of Victoria. This Agreement will be governed by and interpreted under the laws of the State of Victoria without regard to its conflicts of law principles.

Consent to One-Year Limitation Period

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT YOU WILL NOT START OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED IN ANY WAY TO THE USE OF THIS WEBSITE.

Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Integration

These Terms of Use and the Privacy Policy (collectively referred to as the “Agreement” throughout), constitutes the entire agreement between you and Esdan Plastics with respect to the Website. There are no further understandings, agreements, or representations with respect to the Website that is not specified in this Agreement or those specified in this subsection.

Notices

All notices to Esdan Plastics must be in writing to Esdan Plastics Pty Ltd, 525-527 Hammond Road, Dandenong South, VIC 3175, Australia with a copy to info@esdan.com.au. All rights not expressly granted herein are reserved to Esdan Plastics Pty Ltd.