TERMS & CONDITIONS

Please Read the Following Terms and Conditions of Use Carefully. This Web site (the Web site) is provided by Optima Batteries (Aust) Pty Ltd and is subject to the following Terms and Conditions of Use.  By using this Web site or any application provided through this Web site, you are agreeing to these Terms and Conditions of Use.

Web Site Content

The Web site contains trademarks, service marks, copyrighted material and other content owned by Optima Batteries (Aust) Pty Ltd and others (Content). Optima Batteries (Aust) Pty Ltd and/or its affiliates is the sole owner of all Content on the Web site, including all copyrights, trademarks and other intellectual property rights. Other than as expressly noted on the Web site, you may print a copy of individual screens or download material appearing as part of the Web site solely for your personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. In these Terms and Conditions of Use, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of Optima Batteries (Aust) Pty Ltd.

User Content

All information (other than personal information, which is governed by our Privacy Policy), including data, text, files, graphics and other materials that you transmit to the Web site or supply to Optima Batteries (Aust) Pty Ltd is referred to as User Content. By transmitting User Content on or through this Web site, you agree that you are solely responsible for the transmission, accuracy, completeness, ownership and publication of that User Content, and that Optima Batteries (Aust) Pty Ltd is not responsible for your transmission of the User Content. By transmitting User Content to Optima Batteries (Aust) Pty Ltd or otherwise making User Content available on or through the Web site, you grant Optima Batteries (Aust) Pty Ltd and its affiliates a royalty-free, worldwide, perpetual, irrevocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology, and you agree that any “moral rights” in that User Content have been waived. Optima Batteries (Aust) Pty Ltd does not monitor, review or edit User Content posted or made available on or through the Web site. However, Optima Batteries (Aust) Pty Ltd reserves the right, in its sole discretion, to refuse, edit or remove any User Content, in whole or part that in Optima Batteries (Aust) Pty Ltd’s judgment does not comply with these Terms and Conditions of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. Optima Batteries (Aust) Pty Ltd is not responsible for any decision, lack of decision or delay in editing or removing User Content.

Conduct

You may not transmit in any way User Content on or through the Web site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Web site or servers or networks connected to the Web site, or disobey any requirements or policies of networks connected to the Web site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web site; (v) collect or store information about the Users of the Web site or the User Content posted by others on the Web site or use such information for any purpose inconsistent with the purpose of the Web site; or (vi) violate any applicable local, state, national or international law or regulation.

Linked Sites

Optima Batteries (Aust) Pty Ltd may provide links to third parties’ Web sites or applications (Linked Sites). Linked Sites are not reviewed, controlled or examined by Optima Batteries (Aust) Pty Ltd . Each Linked Site may have its own terms and conditions of use and privacy policy, and the user must be familiar and comply with all such terms and policies when using a Linked Site. Optima Batteries (Aust) Pty Ltd is not responsible for the content, availability, policies or practices of any Linked Site, or any additional links contained therein, nor is Optima Batteries (Aust) Pty Ltd liable for Users’ access of such Linked Sites. These links do not imply Optima Batteries (Aust) Pty Ltd’s endorsement of the Linked Resources or any company or service.

Privacy Policy

We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms and Conditions of Use.

Disclaimer of Warranties

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPTIMA BATTERIES (AUST) PTY LTD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEBSITE AND THE CONTENT THEREIN; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL OPTIMA BATTERIES (AUST) PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF OPTIMA BATTERIES (AUST) PTY LTD OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.

Indemnification

By using the Web site, you agree to defend, indemnify and hold Optima Batteries (Aust) Pty Ltd , its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web site, any violation of these Terms and Conditions of Use by you, or any User Content you transmit on or through the Web site.

Changes to Terms and Conditions of Use

Optima Batteries (Aust) Pty Ltd may change these Terms and Conditions of Use from time to time in its sole discretion, without actual notice. Any change will appear on this page of the Web site. You are encouraged to check for changes to these Terms and Conditions of Use regularly. By using the Web site following any modifications to these Terms and Conditions of Use, you agree to be bound by any such modifications.