General Commercial Terms

This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"):

a) access as presented on this Website information about 5D, the terms of the relationship between the Customer and 5D, and the goods and/or services presented on this Website, and

b) communicate to 5D the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
Notwithstanding anything in the Terms of Use or any other agreement between the Customer and 5D, all orders made on this Website are subject to acceptance by 5D, and no order will be deemed to be accepted by 5D until such acceptance has been confirmed to the Customer.

If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by 5D.

The decision by 5D whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by 5D will be confirmed by e-mail to the Customer. 5D reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer's account or credit status.

The Customer expressly authorises 5D to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the PIN which the Customer must enter to access this Website. 5D will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to 5D either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to 5D as part of its application to gain access to this Website.

Intellectual property, confidentiality, software licences and restrictions on use of Content

All information, text, material, graphics, software and advertisements on this Website ("Content") are Copyright © 1991-2003 5D, its suppliers and/or licensors unless expressly indicated otherwise by 5D. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorised in writing by 5D.

Strictly on the condition that the person accessing this Website keeps all Content intact and in the same form as presented on this Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may: a) as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only, or b) if the relevant person accessing this Website is an IAP, supply the Content to the IAP's subscriber. No one is authorised to use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of 5D or an affiliate or which is prohibited by the Terms of Use.

The Customer must inform 5D immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.

Product Information, advertising and links to third party websites.

This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications.

This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by 5D, and 5D is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by 5D, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.

This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by 5D, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not 5D, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by 5D of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). 5D does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied,

b) 5D and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) 5D does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components,

d) 5D does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of 5D) will 5D or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

To the fullest extent permitted by law, 5D's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of 5D to the following:

in the case of services supplied or offered by 5D, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by 5D, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by 5D, and 5D may terminate this agreement and the Customer's access to the Network at any time without notice. In the event of termination, the Customer is no longer authorised to access this Website, but all restrictions imposed on the Customer and all 5D disclaimers and limitations of liability set out in the Terms of Use will survive.

Other

The Terms of Use embody the entire agreement between the Customer and 5D in respect of the Customer's access to, and use of, this Website and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. The Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

Trademarks of 5D and its affiliates

The following trademarks which appear on this Website are owned by 5D and its affiliates:

5D
All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.