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| Terms of Service |
| Please read this agreement carefully. It governs your use of the
Drum Power web site and the services and goods provided through the web
site (collectively the "web site"). It exempts Drum Power and other
persons from liability or limits their liability and contains other
important provisions that you should read. Each time you use the web site
you acknowledge and signify that you have read, understood, and agreed to
be bound by this agreement. If you do not agree with each provision of
this agreement each time you use the web site, you may not use the web
site. Each time you use the web site, the text of this agreement as it
then reads will govern your use. Accordingly, when you use the web site
you should check the date of this agreement and review any changes since
the last version. |
| 1. YOUR ACCEPTANCE OF THIS AGREEMENT: |
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This is an agreement between you and Drum Power and governs
your use of the Drum Power Web site and its content and the services and
goods provided through the Web site (collectively the "Web Site"). Each
time you use the Web Site you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent (and
for purposes of this Agreement, "person" includes any type of incorporated
or unincorporated entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant that you have the
legal authority to agree to and accept this Agreement on behalf of
yourself and any person you purport to represent. If you do not agree with
each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, or you do not have the legal authority to agree
to and accept this Agreement, you may not use the Web
Site. |
| 2. CHANGES TO THIS AGREEMENT: |
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You may not change, supplement, or amend this Agreement in
any manner. Drum Power may, in its sole discretion, change, and supplement
or amend this Agreement as it relates to your future use of the Web Site
from time to time, for any reason, and without any notice or liability to
you or any other person, by posting a revised Agreement on the Web
Site. |
| 3. PERMITTED USERS AND ACCESS: |
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The Web Site may be used only by persons who have reached the
age of majority or legal age in their jurisdictions and who can form
legally binding contracts under applicable law. The Web Site may not be
used by persons in jurisdictions where access to or use of the Web Site or
any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Web Site is lawful,
and you must comply with all applicable laws. |
| 4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND
ORDERS: |
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Drum Power endeavors to provide current and accurate
information on the Web Site. Nevertheless, misprints or other errors may
occur. Accordingly, Drum Power reserves the right to change the prices,
fees and charges regarding the goods and services available through the
Web Site at any time and from time to time without any notice or liability
to you or any other person. Also, Drum Power cannot guarantee that goods
or services advertised on the Web Site will be available when ordered or
thereafter. Drum Power also reserves the right at any time to reject,
correct, cancel or terminate any order. If you order goods or services for
which the price was incorrectly displayed, Drum Power will provide you
with an opportunity to cancel your order. If you order goods or services
that are not available, Drum Power will notify you by email. Drum Power
reserves the right to limit quantities licensed or sold. The
advertisements on the Web Site are invitations for purchase orders, and
are not offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the goods or services referenced in
your order. Your order shall be deemed to be accepted only if and when
Drum Power sends an order acceptance and shipping notice email to your
email address. If you wish to cancel an order, you may request a
cancellation by sending an email to Drum Power. However, Drum Power may not
receive and process your cancellation request before it accepts and
processes your order, in which case your cancellation request may not be
effective. |
| 5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY: |
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Drum Power strives to make your use of the Web Site a useful
and enjoyable experience, and a safe and easy way to purchase goods over
the Internet. Nevertheless, Drum Power and its service providers (the
"Providers") do not accept any liability for your use of the Web Site. For
that reason, the following provisions apply to your use of the Web
Site: |
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5.1 DISCLAIMER |
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YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY Drum
Power AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. |
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YOU (AND NOT Drum Power OR THE PROVIDERS ) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR
OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF
THE WEB SITE. |
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THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS
FACTORS BEYOND Drum Power'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT
BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS
CANNOT BE ELIMINATED. |
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Drum Power IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF
USERS OF THE WEB SITE. |
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THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE
OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL
SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Drum Power IS NOT A PARTY TO ANY
SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH
TRANSACTIONS. |
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Drum Power
AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
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THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND
RELATED EQUIPMENT AND SOFTWARE; |
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THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT
INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE
CORRECTED; |
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THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE
ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; |
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CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE
WEB SITE; |
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THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND
DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES,
WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR |
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THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (
INCLUDING INTELLECTUAL PROPERTY RIGHTS ) OF ANY PERSON; |
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AND Drum Power AND ITS PROVIDERS DISCLAIM ANY AND ALL
LIABILITYREGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
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5.2 LIABILITY EXCLUSION |
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Drum Power AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF
PRODUCTION, LOSS OF INCOME OR PROFITS ( ANTICIPATED OR OTHERWISE ), LOSS
OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE
USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Drum Power OR ANY PROVIDER OR
ANY PERSON FOR WHOM Drum Power OR ITS PROVIDERS ARE RESPONSIBLE, AND
NOTWITHSTANDING THAT Drum Power OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER
PERSON. |
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5.3 LIABILITY LIMITATION |
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IN NO EVENT WILL Drum Power OR ANY OF ITS PROVIDERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE
OR OTHER FAULT OR WRONGDOING BY Drum Power OR ANY PERSON FOR WHOM Drum
Power IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO Drum
Power FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS. |
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5.4 RELEASE |
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YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF DIY
Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER
ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
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5.5 INDEMNITY |
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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF DIY
Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS ( COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM AND AGAINST ANY
AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION
REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN
CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR
CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT.
YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE
INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. |
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ADVICE AND INFORMATION PROVIDED BY Drum Power OR ITS
REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY
REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT,
INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH
ADVICE OR INFORMATION. |
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The exclusion of certain warranties and the limitation of
certain liabilities are prohibited by legislation in some jurisdictions.
Such legislative limitations may apply to you. |
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The disclaimer, liability exclusion, liability limitation,
release, and indemnity provisions in this Agreement survive indefinitely
after the termination of this Agreement. |
| 6. TERMINATION OF THIS AGREEMENT AND THE WEB SITE: |
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If you breach any provision of this Agreement, you may no
longer use the Web Site. |
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Drum Power may, in its sole discretion, change, suspend or
terminate, temporarily or permanently, the Web Site or any part of it or
any of its features at any time, for any reason, without any notice or
liability to you or any other person. |
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Drum Power may at any time and for any reason, with or
without cause, and in its sole discretion, immediately suspend or
terminate ( in whole or in part ) your permission to use the Web Site,
without any notice or liability to you or any other person. |
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If this Agreement or your permission to use the Web Site is
terminated by you or Drum Power for any reason, this Agreement will
nevertheless continue to apply and be binding upon you in respect of your
prior use of the Web Site and your purchases of goods and services through
the Web Site and anything connected with, relating to or arising from
those matters. |
| 7. INFORMATION SUBMISSIONS: |
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All information you provide through the Web Site, including
registration information (name and email address), payment information
(credit card numbers and expiration dates), and transaction-related
information, must be true, accurate, current and complete. You must also
provide Drum Power with updated registration information and payment
information within 30 days of any changes. |
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Drum Power will rely on the information you provide. You will
be solely responsible and liable for any and all loss, damage, and
additional costs that you, Drum Power or any other person may incur as a
result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information and
payment information within 30 days of any change. Drum Power may require a
copy of a government-issued form of identification before making any
changes to your registration information. |
| 8. OWNERSHIP AND PERMITTED USE OF THE WEB SITE: |
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The Web Site and all information ( in text, graphical, video
and audio forms ), images, icons, software, design, applications and other
elements available on or through the Web Site are the property of Drum
Power, its Providers and others, and are protected by AUSTRALIA and
international copyright, trade-mark, and other laws. Your use of the Web
Site does not transfer to you any ownership or other rights in the Web
Site or its content. You may only use the Web Site in the manner described
specifically in this Agreement. |
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The Web Site may not be used for any purpose not expressly
permitted by this Agreement. In particular, except as expressly stated
otherwise in this Agreement, the Web Site may not be copied, imitated,
reproduced, republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without the
express prior written consent of Drum Power. You may not use any of the
software that is used in the operation of the Web Site except while you
are use the Web Site. You may not reproduce, copy, duplicate, sell, or
resell any part of the Web Site (including the software used in the
operation of the Web Site) or access to the Web Site. |
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The Web Site is made available to you for your lawful use
only. You may not print or download the pages. |
| 9. PERSONAL INFORMATION PRIVACY: |
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Drum Power collects, uses, and discloses your personal
information in accordance with the Privacy Policy, which is available
here. Drum Power may change the Privacy Policy from time to time in its
sole discretion. By accepting this Agreement, and each time you use the
Web Site, you consent to Drum Power's collection, use and disclosure of
your personal information in accordance with the Privacy Policy as it then
exists without any further notice or any liability to you or any other
person. |
| 10. OTHER WEB SITES: |
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The Web Site includes advertisements for, and links to, other
Web sites or resources and businesses operated by other persons ("Other
Sites"). Other Sites are independent from Drum Power, and Drum Power has
no responsibility or liability for or control over Other Sites, their
business, goods, services, or content. Links to Other Sites are provided
solely for your convenience. Drum Power does not sponsor or endorse any
Other Sites or their content or the goods or services available through
those other Web Sites. Your use of Other Sites and your dealings with the
owners or operators of Other Sites is at your own risk, and you shall not
make any claim against Drum Power arising out of your use of any Other
Sites or your dealings with the owners or operators of any Other Sites. As
between you and Drum Power, the provisions of this Agreement under the
section headed Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity apply, with all necessary modifications, to your
access to and use of any Other Sites and their business, goods, services,
and content. |
| 11. LINKING TO THE WEB SITE: |
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Anyone may link to http://www.drumpower.com.au/ at any
time. |
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Drum Power reserves the right to cancel and revoke any
permission it may give to link to the Web Site at any time, for any
reason, without any notice, and without any liability to you or any other
person. |
| 12. TRANSACTION AGREEMENTS: |
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All transactions through the Web Site, including the purchase
and sale of Advertising and services and the licensing of software, are
governed by this Agreement and any applicable Transaction Agreement. By
participating in a transaction through the Web Site, you signify your
agreement and acceptance of the applicable Transaction
Agreement. |
| 13. PROMOTIONS: |
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From time to time Drum Power may make promotions available to
users of the Web Site and others. All promotions are governed by this
Agreement and the applicable promotion rules. By participating in a
promotion through the Web Site, you signify your agreement and acceptance
of this Agreement and the applicable promotion rules. |
| 14. DISPUTE RESOLUTION: |
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Any dispute or difference arising in connection with this
agreement shall be submitted to arbitration in accordance with, and
subject to, the Rules for the Conduct of Commercial Arbitrations of the
Institute of Arbitrators, AUSTRALIA. During such arbitration, both parties
may be represented by a duly qualified legal
practitioner. |
| 15. GENERAL: |
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This agreement shall be governed by the laws of the State of
Victoria and the parties hereby submit to the jurisdiction of the Courts
of that State for the resolution of any dispute under this
agreement. |
| THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT
NOTICE! |
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