The following general terms and conditions (“terms”) apply to the use of this website. By using this website, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using this website. These Terms must be read in conjunction with any other applicable terms and conditions governing the use of this website. In these Terms, the expressions “we”, “us” and “our” are a reference to elmTEK Pty Limited ABN 98 159 214 605 and “elmTEK” is a reference to our website and our services.

Access

Our website is made available free of charge. Access to the website is permitted on a temporary basis, and we reserve the right to suspend, withdraw, discontinue or amend all or any part of our website without notice. We will not be liable if, for any reason, the website is unavailable at any time or for any period. From time to time, we may restrict access to all or any part of elmTEK to anyone who wishes to access the website. You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions, and that they comply with them.

Unauthorised access or use of elmTEK may give rise to a claim for damages and/or be a criminal offence.

The use of some of our services may require you to register with us or open an account. To do so, you must complete the registration process in the manner described on our website. By registering with us, you agree that all information you provide is accurate and up to date and does not infringe any other person’s rights. You must also update your details if any of them change.

Registration is non-transferable. You are responsible for all of the activities that occur under your account. You should carefully choose your password and user name and protect them from unauthorised use. Please let us know immediately of any unauthorised use of your account or any other breach of security. We are not liable for any loss if someone else uses your password or account.

Information you provide to us

When you use our website, you may send personal information to us. We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to us and our privacy policy which may be accessed at https://elmtek.com.au/privacy.

We do not claim ownership of this information or any other content, data or information that you may provide to us. You will continue to own any and all intellectual property rights in such information. However, you agree to grant us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if you no longer use elmTEK. We will only use this information for the purposes of operating, promoting or improving the website, for developing other products or services, and for any other purposes set out in our privacy policy. This means, for example, that we might use this information to compile statistical information for use in marketing the website, to make improvements to it, or to develop complementary products or services.

If you would like to know more about how we use, store or handle your personal information, please contact us at [email protected].

Outcomes and use

We have spent a significant amount of time developing and refining elmTEK and are confident you will enjoy using the website and find it useful. However, we cannot promise or guarantee any specific outcomes from its use. We do not make any representations about the user experience, quality, or the outcomes of any interactions that are initiated via elmTEK.

External sites

In elmTEK, you may come across links or references to external merchants or suppliers. Please be aware that we do not make any promises about what they may supply to you. Therefore, any transaction you have with these merchants are between you and these merchants, and we do not get involved. By accessing external website links to these merchants and other sites through elmTEK, we do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

Advertising

Ads appearing on our site may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

Changes to the Website

We may change or improve the website at any time. For example, we may develop and distribute updates, enhancements or new features. We may also stop making the website available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.

Intellectual property

We, and our licensors (as applicable), own all intellectual property in elmTEK, and any material published on elmTEK. This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logo. Reproduction is prohibited other than in accordance with our Copyright Notice (below), and which forms part of these terms and conditions of use.

Copyright Notice

    • We are the owner or the licensee of all intellectual property rights in elmTEK, and in the content published on it. Those works are protected by copyright laws of Australia and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on elmTEK. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on elmTEK must always be acknowledged. You must not use any part of the content on elmTEK for commercial purposes without obtaining a license to do so from our licensors or us.
    • If you print off, copy or download any part of elmTEK in breach of these terms of use, your right to use elmTEK will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Ownership of user content

We may allow users to post, distribute or publish content on our platform. Users of elmTEK retain ownership of the content and information that they post.

As a user of the website, you agree that you are solely responsible for any content or information that you have posted. We do not guarantee any confidentiality or security in relation to any content or information posted. We do not endorse or take any responsibility for any content posted by any user. We do not share or represent the views or opinions of users of elmTEK.

Prohibited uses

You agree that you will only use elmTEK for lawful purposes. If you send or post information on or using elmTEK, you are responsible for anything you send or post. You must not send or post anything that is offensive, against the law or which we think is inappropriate.

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

We may remove from elmTEK or refuse to display anything that we think is inappropriate in our absolute discretion.

Security and integrity

You must not violate the security of elmTEK in any way. We may suspend or cancel your elmTEK account or your access to the website if we suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:

    • attempting to gain unauthorised access to any part of elmTEK, servers or system infrastructure you were not intended to have access to;
    • use elmTEK in a way that was not intended by us;
    • attempting to reverse engineer elmTEK or any system or offering provided through it;
    • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to elmTEK;
    • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
    • using any feature of elmTEK or any other means to send unsolicited commercial correspondence to other users.
Changes to and breaches of these terms

We may change these terms of use at any time. You are expected to stay updated with any such changes that we make to these terms as they are binding on you. If you continue to access elmTEK after the changes take effect, you are taken to have agreed to the changes. Some provisions contained in these terms may be superseded by provisions or notices published elsewhere on the website. We reserve the right to investigate any suspected non-compliance with, or breach of, any provision contained in these terms and conditions for any reason. We also reserve the right to suspend or terminate a user’s right to access the website for any reason. This includes, but is not limited to, where we reasonably believe that a user is in breach of a provision of these terms and conditions.

No representations or warranties

The website and its contents are provided for informational purposes only and we make no representation or guarantee, whether express or implied, of any kind with respect to elmTEK or any site or service accessible through elmTEK. We expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You acknowledge that any information available on or accessible through elmTEK is intended to be general information only, and such information does not constitute professional advice.

Limitation of Liability

By accessing and using elmTEK, you assume all risks associated with such access and use. You agree not to hold us responsible for things other users post or do.

Please note that as there are many factors beyond our control that may affect the performance or compatibility of elmTEK with certain software or hardware, we cannot promise that your use of the website will be uninterrupted or error or defect free or that errors or defects in elmTEK will be corrected. While we use reasonable measures to ensure the accuracy and currency of data and information on our website, we are not responsible for the data and information supplied to or by users or third parties. We make no guarantee that the data on elmTEK is accurate or current. It shall be your own responsibility to ensure that any products, services or information available through elmTEK meet your specific requirements. Information is for guidance only, and is not intended to form any part of a contract.

To the maximum extent permitted by law, we (and our directors, employees and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from your use of elmTEK (including without limitation any consequential losses or damages) and any liability we owe is limited, to the maximum extent permitted under law. In no event will we be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through elmTEK or any site, service, link to, or any copying, displaying, or use.

Indemnity and release

You agree to indemnify, defend and hold us (and our directors, employees and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:

    • activity which you engage in with or through our website or our services;
    • any breach of these terms by you;
    • any breach of any rights of a third party by you;
    • any breach of any applicable law by you;
    • any transaction or other dealing between you and another person that arises from or through elmTEK; or
    • the quality, safety, or legality of any consumable.
Termination

We may suspend your access to our website and/or our services, or terminate our agreement with you and your access to our website and/or our services for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these Terms. We may, at our discretion, terminate our agreement with you and your access to all or part of our website and/or our services without the need to provide reasons.

Jurisdiction

These terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. The courts of South Australia will have exclusive jurisdiction over any claim arising from, or related to, a visit to elmTEK although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.

Severance

If any provision of these terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms, and will not in any way affect any other circumstances of or the validity or enforcement of these terms.

Key terms

In these terms, unless the contrary intention appears:

“content” means any text, graphics, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on elmTEK.
“services” means the services, information and resources provided by us to our clients.
“website” means the website operated by us at https://elmtek.com.au/.

Feedback and reporting misconduct

We encourage all users to report any misconduct experienced while using elmTEK by contacting us at [email protected].

Further information

If you have any questions about the terms or would like any further information, please contact us at [email protected].


We appreciate your interest and thank you for visiting our website.