Terms & Conditions

1.1. This website at www.lsfexpress.com.au/IT ('Site') is operated by LSF Solutions through its business division lsfeXpress.com.au ('we' or 'us'). Permission to access and use the Site is conditional upon you, the Customer ('you'), agreeing to the terms and conditions of use set out below ('Conditions'). Acceptance will bind you to the Conditions and any policies and documents referred to in it. Do not proceed until you have read and accepted all of these Conditions and wish to become licensed to use the Site.

1.2. If you are not already registered to access and use the Site, when you click the 'I agree to all the terms and conditions' button at registration, you will be deemed to have accepted the Conditions. If you do not wish to accept the Conditions, return to the home page without submitting your application and close the Site.

1.3. Online purchase of goods through this Site will be governed by our standard terms and conditions.

1.4. All pricing on website unless stated is shown in Australian Dollars (AUD)

2. INTERPRETATION

In this Agreement:

"Authorised Staff" means any Staff authorised by you in writing to access the Site and documentation contained on the Site ("Documentation").

"Staff'" means officers, employees, contractors, subcontractors and agents.

3. LICENCE

3.1. Upon being satisfied that the information contained in your registration is complete, accurate and current, we grant to you and your Staff a non-exclusive licence ('Licence') to access and use the content of the Site, including the text, registration facilities, hyperlinks and the underlying HTML or XML for the purposes of communicating, and conducting business, with us.

3.2. This Licence commences on the date upon which we notify you in writing that you have been granted the Licence and continues until terminated in accordance with clause 11 of these Conditions.

3.3. You acknowledge that the Licence is not exclusive to you, and that we may license any person, including your competitors, to access and use the Site.

4. OUR OBLIGATIONS

We agree to provide you and each of your Authorised Staff with a logon and password for the purposes of accessing and using the Site.

5. YOUR OBLIGATIONS

You must:

(a) ensure that all information supplied to us, including registration details, is complete, accurate and current and immediately notify us of any change to such information;

(b) supervise and control access to, and use of, the Site and Documentation in accordance with these Conditions, including by ensuring that:

(i) you take all reasonable steps to restrict access to the Site and Documentation only to Authorised Staff, including without limitation, keeping logons and passwords used by yourself and Authorised Staff secure;

(ii) your Authorised Staff are made aware of, and comply with, these Conditions

(ii) your authorised Staff receive adequate training in the use of the Site.

(c) Except with our express written consent, you or your Staff must not provide or otherwise make available to any person other than you and your Authorised Staff, the Site or any logon or password used by your or your Authorised Staff to access that Site, in any form.

6. YOU MUST NOT ALTER ETC IN ANY WAY

Except with our express written consent or where authorised by these Conditions, you and your Staff must not:

(a) copy, reproduce, translate, adapt, vary or modify the Site; or

(b) interfere with the workings of the Site. (For the purpose of these Conditions interfere includes removing anything from the Site, adding to the Site, linking the Site to or from another website, and distributing any part of the Site to anyone else).

7. COPYRIGHT NOTICE

If you take a copy of anything on the Site you must attach to it a copyright notice and copy of the Conditions.

8. DISCLAIMER

8.1. We do not guarantee that the content of the Site or Documentation is accurate, complete or suitable for a particular purpose or that the Site and online services provided through this Site are free from viruses, faults or defects and you agree to rely on your own judgement in relation to any matter of that type and use the Site or Documentation at your own risk

8.2. You acknowledge that you have exercised your independent judgment in acquiring access to the Site and have not relied on any representation made by us or any of our Staff which has not been stated expressly in these Conditions or upon any Documentation, descriptions or illustrations or specifications contained in any document, including catalogues or publicity material produced by us.

9. EXCLUSION AND LIMITATION OF LIABILITY

9.1. We will not be responsible for any delay or failure in performance resulting from anything outside our reasonable control, including, without limitation, delays or failures caused by third parties or services/facilities provided by third parties.

9.2. To the maximum extent the law allows, we:

(a) exclude every warranty or condition of any kind that might otherwise apply in relation to the Site or the Documentation and their content and their useability.

(b) are not liable and each of our Staff, employees and agents is not liable, for any liability, loss, damage or expense you incur or suffer that arises out of the use of (or reliance on) any of the content of the Site or of the Documentation by you or your Staff or your inability to use the Site or the Documentation, even if we have been informed that you propose to rely upon the Site or the Documentation or of any liability, loss, damage or expense will or may result.

9.3. We disclaim any implied warranties in relation to the Site and Documentation except that, if any statute implies terms into the Conditions which cannot be lawfully excluded, such terms will apply to the Conditions, save that our liability for breach of any such implied term will be limited, at our option to any one or more of the following:

(a) in the case of goods:

(i) the replacement of goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired, or

(b) in the case of services:

(i) the resupply of the services; or

(ii) the payment of the cost of having the services resupplied.

9.4. Subject this clause, our liability is limited to:

(a) the amount of any loss or damage you prove has been actually suffered by you relating to personal injury or tangible property damage to property owned and used by you; or

(b) for all other claims, the amount of any loss or damage you prove has been actually suffered by you.

9.5. We will not be liable under or in relation to the Conditions and you indemnify and hold us for:

(a) any special, indirect, incidental, consequential or economic loss or damage (including loss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any loss of, or damage to, data, whether or not the possibility of those losses or damages being suffered is or has been previously brought to our attention;

(b) any breach of the Conditions by you or your Staff;

(c) any actual or alleged infringement of any intellectual property rights by you or your Staff;

(d) any unauthorised use of the Site or Documentation or unauthorised access to the Site or Documentation by you or your Staff (including former Staff), a customer of yours or any other person not authorised to access or use the Site or Documentation (including, without limitation, any unauthorised use of the passwords and logons).

10. INTELLECTUAL PROPERTY RIGHTS

10.1. You acknowledge that you do not acquire any intellectual property rights in the Site, including Copyrights or Trade Mark rights, except for those rights expressly set out in the Conditions. You must not, during or any time after the expiry or termination of the Conditions, permit any act which infringes our intellectual property rights and, without limiting the generality of the foregoing, you specifically agree that you may not copy the Site or Documentation except as otherwise expressly authorised by these Conditions.

10.2. You must obtain our prior written consent to use or publish our name or logos or any of our other intellectual property in any of your material, including, without limitation, any material on your web site.

11. TERM AND TERMINATION

11.1. These Conditions may be terminated:

(a) by either party at any time upon 30 days written notice to the other party; and

(b) by us immediately and without prior written notice if we have reasonable grounds to suspect that you or your Staff have breached of any of the Conditions;

(c) by us immediately and without prior written notice if we have reasonable grounds to suspect that you have dispose of the whole or any part of your assets, operations or business other than in the normal course of business; have ceased to be able to pay your debts as they become due; have ceased to carry on business; have ceased being a corporation, become the subject of insolvency proceedings, or have an administrator, liquidator or receiver and/or manager or other like person appointed over any of your assets; and/or being a firm or partnership, have become or will shortly become the subject of an event of bankruptcy or are dissolved or will shortly become dissolved.

(d) any unauthorised use of the Site or Documentation or unauthorised access to the Site or Documentation by you or your Staff (including former Staff), a customer of yours or any other person not authorised to access or use the Site or Documentation (including, without limitation, any unauthorised use of the passwords and logons).

11.2. Upon termination, we may immediately invalidate any logon issued to you or your Authorised Staff and you and your Authorised Staff must not access the Site.

11.3. Termination of these Conditions will not affect any rights or remedies that we may have otherwise under these Conditions or at law.