1.          BACKGROUND

1.1       Material

Con Info publishes or makes available on the Con Info Network information, product and service offers, software, links and other content supplied by Con Info and third parties (“Material”).

1.2      Agreement to be Bound

By accessing or using the Con Info Network, you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Con Info Network) as amended from time to time.

2.          USE OF MATERIAL

2.1       Reasonable Care

Con Info takes reasonable care to ensure that the Material on the Con Info Network is correct, current and free from errors.

2.2       Use at Own Risk

You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

2.3       General Information Only

The services and Material made available on the Con Info Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or refrain from doing anything; and may not be continually accessible or free from errors or viruses.

2.4       No Warranty

(a)  Con Info does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of or the representations made in:

(i)   the Material published on the Con Info Network;

(ii)  any website that links from the Con Info Network (including third party display advertisements); and

(iii) any information received as a result of using the Con Info Network

(b)  Con Info does not provide any warranty in relation to any goods or services advertised for sale on the Con Info Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

3.          SPECIFIC RESTRICTIONS ON USAGE

3.1       Personal and Non-Commercial Use Only

Use of the Con Info Network is for your personal and non-commercial use only. Except for the Material held in your device’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Con Info:

(a)  modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;

(b)  use or attempt to use any Material published on the Con Info Network to create any website or publication or searchable database;

(c)  mirror or frame any website or page within the Con Info Network;

(d)  use any automated process of any sort to query, access, retrieve, scrape, datamine or copy any Material on the Con Info Network or generate or compile any document, index or database based on the Material published on the Con Info Network;

(e)  transfer or sell any information, functionality or products or services offered on the Con Info Network; or

(f)   undertake any other action which is in violation of these terms and conditions or any applicable law.

3.2       Termination

If Con Info considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Con Info’s interests, then Con Info may immediately terminate your right to access and use the Con Info Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and/or further access to the Con Info Network.

4.          COPYRIGHT, TRADEMARKS AND LICENCE

4.1       Copyright

Unless otherwise indicated on the Con Info Network, the material on the Con Info Network is owned by or licensed to Con Info and is subject to copyright (“Copyright Material”). The Copyright Material is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Con Info.

4.2       Use of Copyright Material

You may:

(a)  only copy or reproduce the Copyright Material for the purpose of browsing the Con Info Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and

(b)  not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

4.3       Trademarks

The term “Con Info” and associated logos are trademarks or registered trademarks of Con Info. Other product and company names mentioned on the Con Info Network may be the trademarks of their respective owners. Nothing displayed on the Con Info Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Con Info’s (or the relevant owner’s, if applicable) express written consent.

5.          SOFTWARE SERVICES

5.1       Ownership

Any software, that is made available to download from the Con Info Network (“Software”) is owned by Con Info and/or its suppliers.

5.2       License

Con Info grants you a personal, non-transferable license to use the Software for the period determined by Con Info for viewing and otherwise using the Con Info Network in accordance with these terms and conditions, and for no other purpose. You must not:

(a)  copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;

(b)  reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;

(c)  introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or

(d)  sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

6.           LIMITATION OF CON INFO’S LIABILITY

6.1       Exclusion of Liability

Subject to clause 6.3, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Con Info are excluded.

6.2       Specific Exclusions

Without limitation to clause 6.1, but subject to clause 6.3, Con Info, will not be liable to you:

(a)  for claims arising out of or in connection with your access and use of the Con Info Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and

(b)  for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

6.3       Rights Accruing Due to Operation of Law

To the full extent permitted by the law, Con Info will only be liable to you:

(a)  pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, to the full extent permitted by law, any such liability of Con Info is limited, at Con Info’ option, to:

(i)   replacing or repairing the relevant goods;

(ii)  supplying goods equivalent to the relevant goods;

(iii) supplying the relevant services again; or

(iv) paying the cost of such replacement, repairs or supply; and

(b)  if your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Con Info.

6.4       No Merger

These terms and conditions will survive the expiration or termination of any agreement or relationship between you and Con Info.

7.          INDEMNITY

You agree to indemnify Con Info against any liability, loss, claim or demand if Con Info (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these terms and conditions.

8.           MEMBERSHIP TO THE CON INFO NETWORK

(a)  if you choose to become a member of the Con Info Network, additional products and services may be made available to you.

(b)  by becoming a Con Info member, you agree to receive electronic communications from Con Info about its products and services.

(c)   if you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and/or services.

9.         PRIVACY

By using the Con Info Network, you agree to the Con Info Privacy Policy, as published from time to time, which sets out how Con Info collects, uses and discloses your personal information.

10.       USERNAME AND PASSWORD

You must keep your username and password to access the Con Info Network secure and confidential and not provide those details to any third party under any circumstances. You represent and warrant to Con Info that you accept all liability for any unauthorised use of any username and password issued to you.

11.       COMMUNICATIONS

11.1     Communications

Con Info may provide you with the ability to communicate with Con Info, the Con Info Network, and users of the Con Info Network through agreements, online forms, electronic requests and enquires, competition entries, online forums, inbound phone number services and/or other forms of electronic messaging (“Communications”).

11.2     Public Communications

You acknowledge that Communications may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Con Info. You should not however, consider Communication Services to have been reviewed, screened, or approved by Con Info.

11.3     Conditions of use of Communications

Use of the Communications is provided on condition that you do not do any of the following:

(a)  transmit any information or material which is knowingly incorrect, misleading or deceptive;

(b)  transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;

(c)  transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;

(d)  use the Communications for any unlawful purpose;

(e)  post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;

(f)   upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s device or damage any of Con Info Network’s infrastructure;

(g)  delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

(h)  advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Con Info;

(i)   download any file posted by another user of the Communications that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;

(j)   excessively use the Communications in a manner which may hinder or prevent Con Info from providing services to any other persons or which may threaten the integrity or use by any person of the Con Info Network; and

(k)  authorise, aid, abet encourage or incite any person to do any of the above acts.

11.4     Reservation of Rights

Con Info may, but has no obligation to, review the use of the Communications by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications.

12.       GENERAL

12.1     Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state, and courts of appeal from them.  Each party waives any right it has to object to an action being brought in those courts, including, without limitation, by claiming that the action has been brought in an inconvenient forum and those courts do not have jurisdiction.

12.2     Severance

In the event of any covenant or other provision of these terms and conditions is acknowledged by the parties or found by a court to be invalid, illegal, unlawful or otherwise being incapable of enforcement such covenant or other provision will be severed from the remainder of these terms and conditions and will be deemed never to have been part of it and all other covenants and provisions of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no covenant or other provision hereof will be construed to be dependant upon any covenant or provision unless so expressed therein.

13.        RULES OF INTERPRETATION

In the interpretation of these terms and conditions:

(a)  references to:

(i)   a party includes the party’s successors and assigns;

(ii)  anything includes part of that thing;

(iii)  persons includes individuals, companies, associations, partnerships, bodies corporate, and governments and governmental, semigovernmental and local government and agencies;

(iv)  documents include the document as changed or replaced from time to time;

(v)  currencies mean Australian currencies;

(vi) a party, where the party is more than one person, means all of them together and each of them separately;

(b)   a clause or schedules refers to a clause or schedule in these terms and conditions;

(c)   a statute includes all statutes amending, consolidating or replacing the statute.

(d)  the singular includes the plural and vice versa;

(e)  words including a gender will include all other genders;

(f)   headings do not affect the meaning of these terms and conditions;

(g)   If a word or phrase is defined, any variation of that word or phrase has a similar meaning; and

(h)   the terms:

(i)   “Con Info” will mean Con Info Pty Ltd ACN 608 851 921, its officers, employees, contractors and agents, whether individually or collectively; and

(ii)  “Con Info Network” means any website, application, program, software or service owned or operated by or on behalf of Con Info.

14.         SUBSCRIPTION TERMS
(a)  You may download and preview our app for free.  However, you are required to subscribe to Con Info to access your search results.

(b)  Those who subscribe will be billed $USD4.99^ Monthly by Apple. (^ or equivalent for this price tier in your region and currency)

(c)  This charge will appear in your iTunes statement as “Con Info – Serial Number Guide for Construction Machinery”.

(d)  This subscription automatically renews unless auto-renew is turned off through iTunes “manage subscriptions” at least 24-hours before the end of the current period.

(e)  Account will be charged for renewal within 24-hours prior to the end of the current period

(f)   Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

(g)  No cancellation of the current subscription is allowed during active subscription period

PRIVACY POLICY

1.         PRIVACY POLICY

Con Info recognises and values the protection of your personal information. Con Info is governed by and observes the requirements of the Privacy Act 1988 (Cth). We also recognise the public’s concerns about the collection of their personal information and how Con Info will use that information.

2.          PERSONAL IDENTIFICATION

2.1       National Privacy Principles

Con Info has accepted and adopted the National Privacy Principles reflected in the Privacy Act 1988 (Cth) as amended or varied from time to time.  In accordance with these principles we will not collect any personal information that may reveal racial or ethnic origin, political opinions, philosophical beliefs, trade union membership or details of health, disability, sexual activity or sexual orientation.

2.2       Your responsibilities

(a)  Con Info may provide you with a username and password to access their products or services.  You are solely responsible for maintaining the security of your username and password at all times.

(b)  When you enquire or purchase about our products or services, you may need to provide us with your personal information. We use this information for the purposes of providing you with our products and services.  By providing this information you are deemed to have consented to the use and disclosure of that information as outlined in this privacy policy.

2.3       Con Info’s Privacy Policy

Con Info may offer added benefits to you and we may ask you to provide us with your personal details for these purposes.  Giving this information to us is absolutely optional, however if you do not provide it we may not be able to contact you or give you access to those benefits. Whenever it is optional for you to provide information, we will make this clear to you.  You have the right to opt out of these additional communications at any time and can do so by requesting this in writing to Con Info.

3.           USE AND DISCLOSURE OF INFORMATION

(a)   Con Info uses your personal information for the purposes of providing you with our products and services. Your personal information, including your e-mail address, may also be used for marketing, planning, product development and research requirements of Con Info. Specifically, Con Info will not use or disclose or permit the use or disclosure of personal information that could be used to identify an individual in any circumstances except to ensure the proper provision of Con Info products and services in relation to the person in question.

(b)   Your personal information may also be used or disclosed if:

(i)   Con Info is required or authorised by law, or if it is reasonably necessary to enforce the law; or the information is necessary for the establishment, exercise or defence of a legal claim; or

(ii)  There are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; or

(iii) You have given express consent to Con Info for a prescribed purpose.

(c)   Con Info will not sell, distribute, rent, licence, disclose or reveal, share or pass the information onto any third parties, other than those who are contracted to Con Info to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the National Privacy Principles contained in the Privacy Act 1988 (Cth) regarding the handling of personal information.

4.          SECURITY OF YOUR INFORMATION

We will take all reasonable steps to ensure that all information collected from you that we use or disclose is accurate, up to date, complete and stored in a secure environment accessed only by authorised Con Info personnel. Please keep in mind that no stored information can be guaranteed to be 100% secure.  We will endeavour to protect your personal information, however we cannot ensure or warrant the security of any information you transmit to us or receive from our products or services. These activities are conducted at your own risk.

5.           HOW CAN I ACCESS, CORRECT OR UPDATE MY INFORMATION?

Changes to personal information may impact upon our ability to provide you with our services and you should contact us to update this information. If you wish to access or modify personal information that you have provided to us, please contact us.

6.          GENERAL INFORMATION

If you have any concerns or questions, please contact Con Info. Con Info reserves the right to modify or amend this Policy at any time. For further privacy information, please refer to the Australian Privacy Commissioner’s Website (www.privacy.gov.au).

7.          RULES OF INTERPRETATION

In the interpretation of this Privacy Policy:

(a)   references to:

(i)   a party includes the party’s successors and assigns;

(ii)  anything includes part of that thing;

(iii) persons includes individuals, companies, associations, partnerships, bodies corporate, and governments and governmental, semigovernmental and local government and agencies;

(iv) documents include the document as changed or replaced from time to time;

(v)  currencies mean Australian currencies;

(vi) a party, where the party is more than one person, means all of them together and each of them separately;

(b)  a clause or schedules refers to a clause or schedule in these terms and conditions;

(c)  a statute includes all statutes amending, consolidating or replacing the statute.

(d)  the singular includes the plural and vice versa;

(e)  words including a gender will include all other genders;

(f)   headings do not affect the meaning of these terms and conditions;

(g)  if a word or phrase is defined, any variation of that word or phrase has a similar meaning; and

(h)  the terms:

(i)   “Con Info” will mean Con Info Pty Ltd ACN 608 851 921, its officers, employees, contractors and agents, whether individually or collectively; and

(ii)  “Con Info Network” means any website, application, program, software or service owned or operated by or on behalf of Con Info.