Terms of Use

This web site (www.elgas.com.au) is owned and operated by Elgas Limited (ACN 002 749 260) for and on behalf of itself and its related bodies corporate (collectively referred to as "Elgas") under the domain name www.elgas.com.au.

Your access to this web site is subject to the terms and conditions set out in this section and elsewhere on this web site (as amended from time to time) ("Terms of Use"). Please read them carefully before proceeding as your access to and/or use of this web site constitutes your agreement to the Terms of Use.

Elgas is part of the Linde Group. Other Linde Group web sites may contain terms of use which are different from these Terms of Use. When accessing and/or using these other Linde Group web sites please check the terms of use of each such web site as these Terms of Use may differ significantly from other Linde Group web sites.

Elgas reserves its right to amend the Terms of Use from time to time. Any amendments become effective when published on this web site. You should review the Terms of Use regularly for any such amendments.

Intellectual Property rights, Trade marks, Copyright and Rights of Use

The entire content of this web site, such as text, pictures, graphics, sound, animations and videos, including corporate logos and brands, as well as the layout of Elgas web pages, is protected by trademark and copyright law and other laws for the protection of intellectual property and legal rights (including third-party rights). Distributing, changing or copying the contents of these pages, including framing or the use of any framing techniques, is prohibited unless the written consent of Elgas is obtained or such action is permitted pursuant to the limited license detailed below.

Elgas expressly specify that some of the pictures contained on this web site are protected by the copyright of third parties.

Unless set out below, no rights of license or other rights are granted via this web site for the use of the intellectual property contained therein, including brands and copyright. Copying, distributing, reproducing, forwarding and otherwise using this protected intellectual property is not permitted without the written consent of Elgas. The remaining contents of this web site may also not be copied, distributed, changed or made available to third parties. The use of texts, sections of text or visual material, in particular, requires the prior approval of Elgas.

Elgas grants you a limited non-exclusive license to view the material in this web site, access material contained in this web site and use this web site according to the Terms of Use and this limited non-exclusive license. The license is terminable at will and without notice in the event that you breach any of the Terms of Use. Pursuant to this license the user is expressly permitted to produce a single copy of this web site for personal, non-commercial use, on the condition that the content is not altered in the course of copying and all references to industrial property rights are retained in the copy, or inserted if only extracts from this web site are used. The content of press releases and other documents classified as public may be used in public communications. This does not apply to those parts of public documents which are protected by trademark or copyright law, or other legal regulations.

This web site is intended for use by Elgas customers and potential customers. Use of information contained herein by other third parties for the purpose of soliciting Elgas, its agents and distributors is strictly prohibited.


Legal Use

It is an essential term of these Terms of Use that your use of this web site is lawful, does not infringe any third party right’s and does not breach any standards or codes of conduct published or promoted by any statutory, governmental or other relevant authority. In particular, you must not compromise or attempt to compromise the security of this web site or post, send or transmit to or through this web site any harmful, immoral, offensive or otherwise objectionable material.


Disclaimer and Limitation of Liability

The information contained in this web site is general in nature and is provided for your convenience. Your use of this web site is at your own risk. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this web site using common sense, prudence and reasoned judgment, and to seek professional advice where necessary.

Elgas strongly advises you to seek independent professional advice before making any investment decisions.

To the maximum extent permitted by law, none of Elgas nor any of their respective officers, employees, shareholders, agents, or contractors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, punitive, special or consequential loss, damages or reliance in connection with, this web site, its use, its content or any products or services referred to on this web site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • -your reliance on the completeness, accuracy, suitability or currency of this web site or its content;
  • -changes from time to time in the material in this web site or delays, errors or omissions when making such changes;
  • -the use of this web site and any other site linked to this web site, including the transmission of any computer virus or the defamatory, offensive or unlawful conduct of third parties; or
  • -use of all other web pages accessed by hyperlink from the Elgas web site, whether these belong to affiliated companies or third parties. Elgas accept no liability for such web pages and are not responsible for the data protection arrangements of the operators of these web pages.

The limitation on liability applies also to damages for loss of profit, business interruption or the loss of data or information.

Where Elgas cannot exclude liability, to the maximum extent permitted by law, our liability will be limited to resupply of the relevant service, goods or equivalent goods, the cost of resupplying the service, goods or equivalent goods or, in the case of goods, the cost of repairing the goods, at our option.

Any statements made on Elgas’ web site regarding the future of the Company, are based on the beliefs and judgement of the management of Elgas and are therefore subject to risks and uncertainties. Elgas is under no obligation to update such statements regarding the future of the Company and accepts no liability whatsoever for these statements.

Elgas may deny access to this web site at any time and provides no guarantee of the uninterrupted availability of its web site.

The failure or neglect by Elgas to enforce at any time any of the Terms of Use shall not be construed or deemed to be a waiver of the rights of Elgas under these Terms of Use.


Indemnity

To the maximum extent permitted by Law, you agree to indemnify Elgas and their respective officers, employees, shareholders, agents, and contractors and any other persons involved in the creation of this web site for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this web site, any information that you provide to Elgas through this web site or any damage that you may cause to this web site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of any applicable Australian Competition and Consumer Law.


Web sites by Third Party Providers/Links

This web site contains links and references to third party web sites. These links and references do not imply any endorsement of the content of third party web sites by Elgas. Elgas are not responsible for the availability or the content of third party web sites nor do they warrant that information on any third party web sites is free from computer viruses or any defects, errors or infringements of intellectual property rights and are not liable for any damage or injury resulting from their use, regardless of purpose. Links to third party web sites are provided to users of Elgas’ web site for their convenience only.

Elgas does not permit linking to this web site unless Elgas’ written consent is obtained and the full html page is loaded. If such consent is provided, any such link must not incorporate Elgas’ trademarks, brands or registered trademarks, and must not be used to disparage or detrimentally impact on the reputation of Elgas.


General Obligations

  • -must ensure that your LoginID and password that is used to access this web site and the details of your account are kept in a safe and secure manner;
  • -must contact us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
  • -must promptly advise us of any changes to your information provided to us as part of the customer registration process;
  • -are responsible for any costs associated with your access to or use of this web site, including Internet access fees;
  • -are responsible and liable for any person that uses your LoginID and password to order Product(s) through this web site;
  • -agree that Elgas may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through this web site; and
  • -should check the labels on the Products before consumption or use.

The information on this website concerning the qualities, standards and availability of products and services together with the regulatory or legislative regimes that apply will, unless stated otherwise, have been prepared for Australian customers and customers outside of Australia should consider whether that information is still applicable.

Data Protection, User Information and Privacy

To enable Elgas to comply with your requests for information, you may be asked to supply personal data. Any such data is supplied by you completely voluntarily and is used solely for the purpose of complying with your request for information. All data is used in accordance with applicable data protection law.

Personal information provided to Elgas through this web site will only be collected, stored, processed and used in accordance with our Privacy Policy. Please read this carefully before going on. By providing personal information to us you are consenting to its use in accordance with our Privacy Policy.


Applicable Law

The Terms of Use are governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that State.


Questions and complaints procedure

Should you have any questions or complaints about this web site or the Terms of Use, please contact us.

  

 

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