This is a legal document and creates an Agreement between you, the user, and Titan and Titex Australia Pty Ltd. You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via the Titan Australia web site.
By using or purchasing any product presented by this site or viewing any element of content present on this site, you signify your acceptance to each term and condition of this Terms of Service. These terms and conditions apply to any separate Agreement, whether or written in nature and are incorporated by reference into any such Agreement as if fully set forth therein.
THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY NOT ONLY TO YOUR USAGE OF THIS SITE BUT TO ANY SUBSEQUENT AGREEMENT WHEREBY TITAN AND TITEX AUSTRALIA PTY LTD, PROVIDES YOU ANY PRODUCT OR SERVICE WHATSOEVER.
Rules of Behavior Regarding This Website
You may never engage in any of the following activities:
Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of this site. Engage in any action, indirectly or directly, that is harmful to the Titan Australia web site or any function thereof. Confidentiality of Codes, Passwords and Information. You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any tool or service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.
The contents of the Titan Australia website are protected by Australian copyright and trademark law, the laws of the State of New South Wales, and various international agreements. Australian copyright law and patent law may protect various software, programming and scripts in use by Titan and Titex Australia Pty Ltd. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered are protected by Australian and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of Titan and Titex Australia Pty Ltd.
Trademarks appearing on this site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner.
Your “right” to use the Titan Australia site, and any tools, services or memberships offered is subject to termination by Titan Australia at any time, for any reason, without notice to you.
The services, tools, and programs offered by Titan and Titex Australia Pty Ltd including those service that are not a portion of this website, but are services provided by separate contractual agreement or arrangement, are provided on a “as is” basis, and without warranties of any kind either express or implied. Titan and Titex Australia Pty Ltd hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Titan and Titex Australia Pty Ltd. does not warrant that any material or function presented on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful elements. Titan and Titex Australia Pty Ltd does not offer a warranty or make any representations regarding the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, risk of injury to your computer or commercial advantage to you. No promises of any earnings or commercial gain are made to you in any way. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Titan and Titex Australia Pty Ltd be liable for any special or consequential damages that result from the use of, or the inability to use, the product or services offered to you via this site, or outside of this site through separate contractual arrangements, even if you have advised Titan and Titex Australia Pty Ltd of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Titan and Titex Australia Pty Ltd total liability to you for all damages, losses, and causes of action (whether in contract, tort, or any other legal theory, including but not limited to, negligence or otherwise) exceed the amount of One Hundred Dollars ($100) AUD.
You agree to hold Titan and Titex Australia Pty Ltd its employees, officers, affiliates and advertisers harmless and defend from any civil claim of any nature regarding your usage of any of the products or services provided via this site, or through any separate contractual arrangements.
Cancellation of Programs, Tools, and Services
Titan and Titex Australia Pty Ltd may cancel or discontinue any or all of our programs, tools, or services provided on this website at any time without notice to you.
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, TITANAUSTRALIA.COM.AU shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
TITANAUSTRALIA.COM.AU 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 cancelled, TITANAUSTRALIA.COM.AU shall immediately issue a credit to your credit card or bank account in the amount of the charge.