TERMS AND CONDITIONS – All Users
Welcome to the ManufactureLink Website. ManufactureLink is a service of the Australian Manufacturing Institute Limited (AMTIL) and this service is known as 'AMTIL ManufactureLink' hereafter referred to as ManufactureLink. ManufactureLink provides to industry and the public access to this website as a convenience. This website is free to access for buyers and the public, but all suppliers must pay the nominated amount prior to access. These terms and conditions apply to the use of this website equally to the public, buyers and suppliers. In using this website to access, view, and download materials or for any other reason or use, you agree to be bound by these terms and conditions. Accordingly, you should review them carefully in relation to all parts of the website you will be accessing. If you do not agree to these terms and conditions, you must not use this website.
1 Terminology
1.1 In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to ManufactureLink, AMTIL ManufactureLink, the Australian Manufacturing Institute Limited, and AMTIL.
2 Changes to these Terms of Use
2.1 ManufactureLink reserves the right to amend these terms and conditions from time to time. Any amendments made will be effective immediately upon notification on this website. Your continued use of the website upon such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2.2 It is your responsibility to familiarise yourself with the terms and conditions each time you access the website.
2.3 ManufactureLink accepts no responsibility for any loss or damage incurred through your failure to familiarise yourself with any part of this agreement.
3 Use of Materials on ManufactureLink Website
3.1 Unless otherwise specified, you may view and download the materials contained on this Website only for your personal, informational, and non-commercial purposes. You may not modify the materials on this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.
4 Intellectual Property Rights
4.1 Any software that may be downloaded from this Website is licensed subject to the terms of the applicable license agreement with the providers of the software. Except for rights granted pursuant to such license agreement, ManufactureLink and its licensors reserve all intellectual property rights, title and interest in such software.
4.2 Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by ManufactureLink. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by ManufactureLink or these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website; without ManufactureLink’s written permission.
4.3 On posting any material protected by intellectual property rights on to this website, you accept sole responsibility for ensuring that your rights are not breached. ManufactureLink accepts no responsibility for any loss or damage associated with a breach of intellectual property rights associated with posted materials.
5 Partner and other Third Party Descriptions
5.1 This website contains information concerning various third parties (often referred to as "partners") who offer products or services compatible with ManufactureLink’s products. This information is provided for your convenience only. ManufactureLink is not responsible for and does not warrant any third party product or service or the accuracy of any description or advertised price.
5.2 You acknowledge that we are a distributor, not a publisher of the content on this website. Any opinions, advice or representations given by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose.
5.3 Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained though this service and its remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
6 Links to Other Websites
6.1 ManufactureLink provides certain links to other websites as a convenience to you. ManufactureLink does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. ManufactureLink is not responsible for the content of any site that may be linked to the ManufactureLink Website.
7 Links to ManufactureLink Website
7.1 Individuals or companies wishing to provide a link to ManufactureLink’s website on their own website or published material may do so providing the registered ManufactureLink trademark logo is used and the URL directs users to the ManufactureLink home page. ManufactureLink takes no responsibility for any content or any communications available on websites containing a link to ManufactureLink’s website.
8 User Submissions
8.1 You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, pornographic, racist, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties.
8.2 ManufactureLink may, but is not obligated to, monitor or review any areas on this Website where users transmit or post Communications. ManufactureLink will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, and obscenity or otherwise.
9 Ethics
9.1 You are prohibited from using ManufactureLink’s products and services to perform any actions we consider unethical. ManufactureLink actively supports the Australian manufacturing industry and we prohibit any actions using our products and services that are contrary to the best interests of the manufacturing industry. ManufactureLink reserves the right to cancel individual RFQs or user accounts being used for unethical activity.
9.2 ManufactureLink considers all fraudulent activity to be unethical. ManufactureLink accepts no liability for any loss associated with a user of this website breaching this condition and committing fraudulent activities on this website. Specifically, but not limited to, ManufactureLink is not liable for damage or loss arising from the theft of any innovative ideas, false or illegitimate information or unauthorised or unlawful access to private information.
10 Non Disclosure Agreements
10.1 ManufactureLink’s service facilitates the electronic and hard copy signing of Non Disclosure Agreements (NDA) between 2 parties entering into an agreement to provide manufacturing services. ManufactureLink provides this facilitation as a convenience for users of our website and software system. ManufactureLink also provides generic NDA text as a convenience for our customers to use if they desire. It is the responsibility of all users of ManufactureLink’s products and services to ensure the text contained in the online NDA is suitable for their requirements. It is also the responsibility of the user to enforce the conditions of any NDA signed by parties either electronically or on external hard copies.
10.2 ManufactureLink will have no liability for any breach of Non Disclosure Agreements by any party, nor does ManufactureLink have any liability for NDA text and conditions not meeting the user’s requirements.
11 Payment For Manufacturing Services
11.1 ManufactureLink’s service facilitates the sourcing and management of manufacturing services only. Payments for any services sourced through ManufactureLink’s system are not the responsibility of ManufactureLink. It is the responsibility of all users to make and enforce their own payment terms and conditions external to ManufactureLink’s online systems. ManufactureLink takes no responsibility or liability for non-payment of goods and services sourced through ManufactureLink’s website.
12 Payment For ManufactureLink’s Products and Services
12.1 Where ManufactureLink has nominated payment must be made for our products and services, you agree to pay the nominated fees before the nominated due date. ManufactureLink reserves the right to restrict or halt access to our goods and services in the event of non-payment of fees due. ManufactureLink bears no responsibility for any resulting loss of business, goodwill, reputation or information caused by restriction or halting of access to our goods and services.
13 Disclaimer of Warranty
13.1 Information on this Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. ManufactureLink may make changes and/or improvements in the products and/or programs described in this Website at any time without notice.
13.2 Except as otherwise expressly provided in a written agreement between you and ManufactureLink, all materials provided at this website are provided "as is" and without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
13.3 In no event shall ManufactureLink be liable for any direct, indirect, incidental, special or consequential damages or damages from business interruption or loss of profits, revenue, data or use, incurred by you or any third party, whether based on warranty or in contract, tort, or other legal theory, and whether or not advised of the possibilities of such damages, arising from your access to, or use of, this website or any other hyperlinked website, even if ManufactureLink has been advised of the possibility of such damages.
14 General Disclaimer
14.1 ManufactureLink does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, nor does ManufactureLink accept any responsibility for any such loss arising out of your use of or reliance on any information contained on or accessed though this website.
14.2 ManufactureLink accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances outside our control.
15 Specific Warnings
15.1 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your won computer system. In the circumstance of any of these events occurring, ManufactureLink does not accept any responsibility for damages or loss incurred. For the removal of doubt, we do not accept any responsibility for any interference or damage to your own computer systems which arise in connection with your use of this website or any linked website.
15.2 Whilst ManufactureLink has no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information on this website.
15.3 ManufactureLink accepts no liability for any loss or damage resulting form an event uncontrollable by ManufactureLink. Without limiting the generality of the above, this includes events such as destruction of data due to fire, theft, earthquake, floods, terrorist attacks etc or loss or destruction of data to system failures or crashes or information falling into the hands of terrorist organisations or others intending malicious activities.
15.4 Any contract that is entered into between two parties using the ManufactureLink website is independent of ManufactureLink and we accept no responsibility for any damages or loss resulting from any such contract.
16 Representation
16.1 You warrant that you have not relied on any representation by ManufactureLink which has not been stated expressly within these terms and conditions.
17 Advertisements
17.1 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own website) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connections with its advertisement.
18 Applicable Laws
18.1 This Website is controlled by ManufactureLink from its offices in Australia. ManufactureLink makes no representation that materials on this Website are appropriate or available for use outside of Australia and access to them from territories where their contents are illegal is prohibited.
18.2 Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the laws of Australia, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods.
18.3 Any dispute arising out of or in connection with the use or access or otherwise related to this website shall be finally settled by a competent court of Australia.
19 Privacy Policy
19.1 We undertake to comply with the terms of our privacy policy.
20 Security of Information
20.1 No data transmission over the internet can be guaranteed as totally secure. Whilst ManufactureLink will strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
21 Indemnity
21.1 You release and indemnify ManufactureLink, our servants, and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or wilful misconduct in connection with the provision of content pursuant to these terms and conditions.
22 Termination of Access
22.1 Access to this website may be terminated at any time by us without notice. Our disclaimer will survive such termination.
23 Waiver
23.1 Failure or neglect by ManufactureLink to enforce, at any time, any of the provisions under these terms and conditions shall not be construed or deemed to be a waiver of the rights of ManufactureLink under these terms and conditions.
23.2 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
24 Registered Supplier Test Drive Account Holders
24.1 ManufactureLink test Drive accounts are completely free-of-charge. However, for holders of free test drive accounts, receipt of the ManufactureLink newsletter known as the Advanced Manufacturing Bulletin is compulsory. Receipt of the ManufactureLink newsletter can be terminated at anytime by informing the system administrator they you wish to have your test drive account deleted.
25 Special Offers and Discounts
25.1 From time to time ManufactureLink or AMTIL may offer special discounts on their services and access to their online accounts under speacial conditions. ManufactureLink reserves the right to determine who is eligible for such discounts. Any discount offered does not automatically apply to all users and will be subject to the terms and conditions of the discount offer.
25.2 ManufactureLink reserves the right to cancel or alter any discounts and promotions at anytime without notice.