Terms of Use

THESE TERMS APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS WEBSITE, AND THE SERVICES AND INFORMATION OBTAINED THROUGH THIS WEBSITE, AND DO NOT ALTER THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH DANPAL (1981) BUSINESS, SUBSIDIARIES OR AFFILIATES.

This Website (www.danpal.com.au) has been developed by Danpal (1981) (“Danpal”) and is administrated by the same.
Please note that if you visit the website of any other DANPAL business, including other DANPAL websites, you will be subject to the General Terms of website Use of Danpal.

These terms may be changed from time to time at Danpal’s discretion. Your continued use of the website after any such changes constitutes your acceptance of the new terms.
IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE WEBSITE OR DOWNLOAD MATERIALS FROM IT.
Danpal may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time.
Danpal may remove, modify or otherwise change any content, including that of third parties, on or from this Site.
Danpal may impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability, as well as terminate your use of the Website at any time in its sole discretion.

Proprietary Rights, Surrender of Use and Benefit
All contents, details, documents, images, icons, downloads, illustrations and all IP associated with this Website and the contents published on this Website are the sole property of Danpal. Any permission to use the same is granted with the provision that the relevant copyright note is displayed on all copies, that such details are used for personal purposes only, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the website are only used in conjunction with the accompanying text. Except otherwise expressly authorized by these Conditions, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, transmit or distribute the IP or any other contents of the Website without Danpal’s prior written notice.

Trademarks 
All trademarks on this website are the property of Danpal, unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.

Patents
Danpal’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. DANPAL reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Danpal’s products or processes.

Software
Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Website may be used by you solely for accessing and using this Website for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Danpal. Danpal retains full and complete title or license rights, as the case may be, to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

User Conduct – General
In using this Site, you agree:
•    Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked Websites;
•    Not to disrupt or interfere with any other user’s usage of the Website or affiliated or linked Websites;
•    Not to upload, post, or otherwise transmit through or on this Website any viruses, “spywares”, “adwares” or any other harmful, disruptive or destructive files or to otherwise change or alter any information or content offered by or through this Site;
•    Not to use or attempt to use another’s account, service or system without authorization from Danpal, or create or use a false identity on this Site;
•    Not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
•    Not to divulge your username and password to others either on or off the Site;
•    Not to attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access.

User Conduct – Online Communities and Interactive Areas
The Website contains areas where you may post and share comments with other Website users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Website unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, or physical harm against anyone. Danpal reserves the right, but shall not have the obligation to remove any materials it deems objectionable, in its sole discretion. You agree to hold harmless Danpal and its affiliates and parties with whom DANPAL has contracted for purposes of hosting or maintaining this Website from all claims based upon communications made or materials posted by them or use by you of this Site.

Online Communications
Except as otherwise provided in the “Danpal Privacy Policy” or as otherwise agreed upon in writing, you agree that any communications you transmit to anyone through the Website or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such information to Danpal via email or other means you grant to Danpal an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose in accordance with our Privacy Policy.

Modifications of Website and Products
This Website or any part thereto may be changed, supplemented, deleted or updated, including, but not limited to products, services, information and/or any other content arising out of the Website, without any prior notice and at the sole discretion of Danpal.
Danpal reserves the right to discontinue the manufacture of any of the products or modify any of the specifications of any products detailed in the Website.

Privacy Policy
You acknowledge and agree that Danpal may collect, use and disclose the data collected in the course of your usage of this Website in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. PLEASE NOTE THAT THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD CHECK OUR PRIVACY POLICY FREQUENTLY.

Content, Product and Service Information – Limitations
All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and product or service listings is believed to be accurate.
HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS FOR YOUR PARTICULAR NEEDS OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE. Products and services are subject to change without notice. DANPAL does not guarantee that products or services listed online will be available at the time of your order. All information on the Website is subject to the disclaimers below.

Links and Third-party content
This website may contain links/references to third-party websites and resources. By providing such links, DANPAL does not give its approval to their contents. Neither does Danpal accept any responsibility for the availability, accuracy, performance, quality of any content, software, services or applications of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form.
Links to other websites are provided to Website users merely for the sake of convenience and users access such websites at their own risk.
Your use of such websites is subject to any applicable policies and terms and conditions of such website.

Third Party Content
This Website may contain material, data or information provided, posted or offered by third parties through framing and other technology, including but not limited to general content, advertisements, product or service data and tools, sponsorships or postings in online community discussions.
You agree that neither Danpal nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. Your use of Third Party Content may also be subject to the terms of the applicable content provider’s terms of use and privacy policy. Danpal does not verify, endorse, or vouch for the content provided by third parties on our website. Danpal is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other website. If you believe any of the content provided by third parties violates any of your proprietary rights, please notify us at the “contact us” section.

Downloads
Any download of software from the Website, or use of such software is subject to the licensed terms that accompanies or provided with the software. In addition, all downloads available through this Website and the use of such downloads are at your own risk and shall not replace any sort of recommendations and/or advice needed for any purpose whatsoever.
Danpal shall not be liable for any damage, loss and expenses of any kind, whether incidental or consequential resulting from the use of the software of any downloads available through the Website.

Disclaimers and Limited Liability
THIS WEBSITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, PALRAM AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT DANPAL DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE.
EXCEPT AS OTHERWISE AGREED IN WRITING, DANPAL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, FRAMED CONTENT AND THAT RELATED TO SPONSORS THROUGH THE SITE. DANPAL DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
NOR DOES PALRAM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

DANPAL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF DANPAL, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY POLICY, DANPAL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANPAL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH EVENT, OUR LIABILITY IS LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION.

Applicable Law and Time Limitation
Any legal claims or lawsuits in conjunction or arising from this website or its use are subject to the interpretation of the laws of Australia, and by using this Website you agree to submit to the personal and exclusive jurisdiction of Australia.
You agree that any claim arising out of or related to these General Terms of Website Use or your use of the Website must be filed within one year after it arose or be permanently barred.

General
If any provision of this General Terms of Website Use is found to be invalid by the competent court, the invalidity of such provisions shall not affect the validity or enforceability of the remaining provisions in these Terms.
Subject to the terms of any other agreements signed by Danpal for materials and services purchased through this Site, these terms constitute the entire agreement between you and Danpal governing your use of the Site.

International Users
This Website is checked, operated and updated by Danpal and is intended for worldwide use. However, Danpal gives no guarantee that the details presented on this website are correct in every country, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Should you visit or download contents from this Website, please note that it is your responsibility to ensure that you act in compliance with any local legislation or requirements applicable. 

Purchase / Delivery: Conclusion of an Agreement
Our General Terms and Conditions as well as our Conditions of Sale and Delivery apply to all agreements concluded with DANPAL. They are also applicable if a contractual party refers to its own terms and conditions in its order. By sending us an order you simultaneously consent to all further conditions of Danpal specified on the Website.

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