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Welcome to the website (the " Site ") of phoenixlubricants.com.au. (" Phoenix Lubricants "). phoenixlubricants.com.au provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the " Agreement "). Phoenix Lubricants reserves the right to change this Site and these terms and conditions at any time. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
USE OF SITE
Subject to the terms and conditions of this Agreement, Phoenix Lubricants hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use oruse on behalf of any third party, except as explicitly permitted by Phoenix Lubricants in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Phoenix Lubricants in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Phoenix Lubricants in advance. Phoenix Lubricants reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Phoenix Lubricants believes that customer conduct violates applicable law or is harmful to Phoenix Lubricants's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Phoenix Lubricants may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Phoenix Lubricants has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Phoenix Lubricants of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
COPYRIGHT AND PATENTS
All text, graphics, button icons, images, audio clips, and software (collectively, " Content "), belongs exclusively to Phoenix Lubricants or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the " Compilation ") belongs exclusively to Phoenix Lubricants. All software used on this Site (the " Software ") is the property of Phoenix Lubricants or its Software suppliers.
TRADEMARKS
phoenixlubricants.com.au, phoenixlubricants.com.au.au and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Phoenix Lubricants, its suppliers, or third parties. The use of any Phoenix Lubricants trademark or service mark without Phoenix Lubricants's express written consent is strictly prohibited. You may not use any Phoenix Lubricants trademark or service mark in connection with any non-Phoenix Lubricants product or service or in any way that is likely to cause confusion. You may not use Phoenix Lubricants's trademarks or service marks in any manner that disparages or discredits Phoenix Lubricants. You may not use any of the Phoenix Lubricants trademarks or service marks in meta tags without the prior explicit consent of Phoenix Lubricants.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon Phoenix Lubricants's delivery of the items to the carrier pursuant to Phoenix Lubricants's standard terms of sale, which you may access here www.phoenixlubricants.com.au/13web/disclaimer.asp (and on the webpages to which that webpage links).
INTERNATIONAL ACCESS
This Site may be accessed from countries other than Australia. This Site may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this Site outsideAustralia you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, a copy of which you may access here wwwphoenixlubricants.com.au/13web/disclaimer.asp (and on the webpages to which that webpage links), this site, the products offered for sale on it and the transactions conducted through it are provided by phoenix lubricants on an "as is" basis. Phoenix Lubricants makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here www.phoenixlubricants.com.au/13web/disclaimer.asp (and on the webpages to which that webpage links). To the full extent permissible by applicable law, Phoenix Lubricants disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration.Tthis site may include inaccuracies, mistakes or typographical errors. Phoenix Lubricants does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, Phoenix Lubricants will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, Phoenix Lubricants's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to phoenix lubricants during the month immediately preceding the act allegedly giving rise to Phoenix Lubricants's liability.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Phoenix Lubricants shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Phoenix Lubricants shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Phoenix Lubricants shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Phoenix Lubricants is not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
Phoenix Lubricants respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us .
REMEDIES
You agree that Phoenix Lubricants's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Phoenix Lubricants shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Phoenix Lubricants may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Phoenix Lubricants shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Phoenix Lubricants of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created and controlled by Phoenix Lubricants in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these disclaimers,terms, and conditions, without giving effect to any principles of conflicts of laws.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
PHOENIX LUBRICANTS
2 Paul Court
Dandenong 3175
Victoria Australia
Tel. +61 3 9791 7661
Fax +61 3 9791 8831
Email info@phoenixlubricants.com.au
www.phoenixlubricants.com.au
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