The following Terms and Conditions will form the agreement between Sunbeam Corporation
Limited (Sunbeam) (ABN 45 000 006 771), and anyone accessing the QuickImage system.
This website (the "QuickImage Site") is owned and operated by Sunbeam Corporation
Limited ("Sunbeam"). Access and use of this website is provided by Sunbeam to you
on condition that you accept these terms and conditions of use ("Terms of Use"),
and by accessing or using this website, you agree to these Terms of Use. If you
do not agree to accept and abide by these Terms of Use you should not access or
use this Web site.
These Terms of Use apply to your use of the QuickImage Site, and do not alter in
any way the terms or conditions of any other agreement you may have with Sunbeam.
By using this QuickImage Site, you represent and warrant that you are over the age
of 18 and are lawfully able to accept these Terms of Use. If you are using the Site
on behalf of any entity, you further represent and warrant that you are authorised
to accept these Terms of Use on such entity's behalf, and that such entity agrees
to indemnify Sunbeam for violations of these Terms of Use.
Sunbeam may revise and update these Terms of Use at anytime and without notice.
You are cautioned to review the Terms of Use posted on the QuickImage Site periodically.
Your continued access or use of the QuickImage Site after any such changes are posted
will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse the QuickImage Site
or any system resources, services or networks connected to or accessible through
the QuickImage site. You may only use the QuickImage Site for lawful purposes.
1. Terms & Conditions
These Terms and Conditions must be read and agreed to, by you before you register
as a new member. These terms and conditions will apply to each transaction carried-out
by you using this website.
2. The Site
The QuickImage Site has been designed to provide an archiving and distribution system
for Sunbeam's brand assets (which include, amongst other things, images, logos and
promotional materials) ("brand assets").
All users require a member identification number and password to access the QuickImage
Site.
3. Passwords
As a member you agree not to divulge your password to anyone (including any corporation)
in any shape or form and you understand that if your password is utilised by anyone
else (including any corporation) you will be held responsible for any actions that
person (or corporation) may carry out.
4. Use of the Site
This QuickImage Site and material accessed through it are intended for customers
of Sunbeam and their associated agencies. You may not use the QuickImage Site or
the QuickImage Content for any purpose not related to your business with Sunbeam.
You are prohibited from using the QuickImage Site and Content other than for its
intended purpose.
5. Unauthorised Use
You agree not to access the system or let anyone else (including any corporation)
access the system for any reason other than the authorised downloading of brand
assets for a particular job requested either directly or indirectly by Sunbeam.
You will be responsible for any loss caused to Sunbeam for any unauthorised use
of any brand assets or other information obtained through our QuickImage Site.
The brand assets may only be used and copied for purposes permitted by Sunbeam.
The brand assets are not to be modified and copyright and other intellectual property
notices must not be deleted. You may not create derivative works from or otherwise
exploit the brand assets in any way.
6. Intellectual Property
Sunbeam retains the rights (including copyrights) to, or has been granted a license
to, reproduce, store in digital or other form, transmit, download or copy the brand
assets for the purpose of providing this service. Sunbeam permits you to use the
material only for the limited purposes authorised by these terms and conditions.
You must not do anything which infringes any right held by Sunbeam in relation to
any brand asset or other intellectual property of Sunbeam. You must not do anything
which infringes the intellectual property rights of any third party in material
appearing on this QuickImage Site.
7. Member rights
Membership access can be restricted by Sunbeam at any time at Sunbeam's absolute
discretion.
8. Restrictions
You must not use any materials or facilities accessed via this system to in any
way create malice, defame or damage the reputation of Sunbeam or any customers,
suppliers or affiliated companies of Sunbeam. You must not use any of our materials
or facilities to defame any person or corporation.
9. Liability
You agree that Sunbeam will be under no liability for any loss or damage (including
any consequential loss or damage) that you may suffer directly or indirectly as
a result of the misuse by you of our facilities or as a result of any breach of
these terms and conditions by you.
Sunbeam uses reasonable efforts to ensure the accuracy, correctness and reliability
of the material accessed through the QuickImage facility, but we make no representations
or warranties as to the accuracy, correctness or reliability of the material.
Although Sunbeam will take all reasonable care to ensure that the content of all
material accessed through its facilities are free from any viruses or other corrupting
material, Sunbeam will be under no liability to you for any loss or damage (including
consequential loss or damage) as a result of the existence of any virus or other
corrupting material in any material, file or other information accessed through
Sunbeam's QuickImage facilities.
10. Breach of agreement
Without limiting any other term or condition, Sunbeam may at its discretion restrict
or prevent your access to our facilities if you breach these terms and conditions.
11. Remedies
You agree to indemnify Sunbeam for any loss or damage (including any consequential
loss or damage) suffered by Sunbeam as a result of misuse by you of our facilities
or a breach by you of these terms and conditions.
12. Governing Law
This agreement shall be governed by the laws of the state of New South Wales, Australia
and the parties submit to the jurisdiction of the courts of that state
© Copyright Sunbeam Corporation Limited 2006. All Rights reserved.
13. Termination
Notwithstanding any of these terms and conditions, Sunbeam reserves the right, without
notice and in its sole discretion, to terminate your account and/or to block your
use of the QuickImage facilities.
14. Miscellaneous Provisions
Any waiver of any provision of the terms and conditions will be effective only if
in writing and signed by Sunbeam. If any clause in these terms and conditions is
found to be unenforceable, wherever possible this will not affect any other clause
and each will remain in full force and effect. Any rights not expressly granted
herein are reserved.