Terms of Use

Effective Date: 1 July 2020

Welcome to the Packserv Manufacturing website (the “Packserv Manufacturing Website” or the “Website“) operated by Packserv Pty Ltd (“Packserv Manufacturing“). This Website provides general information about Packserv Manufacturing and its products free of charge to users of our Website. All uses of the Packserv Manufacturing Website are subject to the following terms and conditions of use (these “Terms of Use“).

Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

Packserv Manufacturing may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the Packserv Manufacturing Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink at the bottom of each page of the Website.

Use of the Packserv Manufacturing Website

You agree to use the Packserv Manufacturing Website only for lawful purposes:

  • Specifically you agree not to do any of the following: (1) upload to or transmit on the Packserv Manufacturing Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Packserv Manufacturing Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Packserv Manufacturing Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Packserv Manufacturing Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Packserv Manufacturing Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Packserv Manufacturing Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Packserv Manufacturing Website, or which, as determined by Packserv Manufacturing, may harm Packserv Manufacturing or users of the Packserv Manufacturing Website or expose them to liability.
  • Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Packserv Manufacturing Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Packserv Manufacturing, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Packserv Manufacturing. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Packserv Manufacturing, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Packserv Manufacturing Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Packserv Manufacturing Website. You grant to Packserv Manufacturing the right to use all content you upload or otherwise transmit to the Packserv Manufacturing in any manner Packserv Manufacturing chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  • Packserv Manufacturing reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Packserv Manufacturing Website which Packserv Manufacturing, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Packserv Manufacturing has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Packserv Manufacturing Website. However, Packserv Manufacturing can neither review all material before it is posted on the Packserv Manufacturing Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Packserv Manufacturing assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Packserv Manufacturing reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Packserv Manufacturing has no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
  • Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Packserv Manufacturing Website and may expose you to civil and/or criminal liability.

Copyright restrictions/use of content

The entire contents of this Website (including all information, software, text, displays, images, and audio) and the design, selection and arrangement thereof, are proprietary to Packserv Manufacturing or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Packserv Manufacturing Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Packserv Manufacturing. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of Packserv Manufacturing, except to (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Packserv Manufacturing Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you but remain Packserv Manufacturing or the applicable owner of such content. Except as expressly authorized by Packserv Manufacturing in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.

TRADEMARKS

The term “Packserv Manufacturing” is a trademark and the Packserv Manufacturing logo and all related product and service names, designs and slogans are Packserv Manufacturing trademarks. You may not use such marks without Packserv Manufacturing’ prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DEALINGS WITH MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Packserv Manufacturing is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Packserv Manufacturing will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.

LIABILITY OF PACKSERV MANUFACTURING AND ITS LICENSORS

Packserv Manufacturing does not assume any liability for the materials, information and opinions provided on, or available through, the Packserv Manufacturing Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Packserv Manufacturing disclaims any liability for injury or damages resulting from the use of any Site Content.

THE PACKSERV MANUFACTURING WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER PACKSERV MANUFACTURING NOR ANY PERSON ASSOCIATED WITH PACKSERV MANUFACTURING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE PACKSERV MANUFACTURING WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER PACKSERV MANUFACTURING NOR ANYONE ASSOCIATED WITH PACKSERV MANUFACTURING WARRANTS OR REPRESENTS THAT THE PACKSERV MANUFACTURING WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PACKSERV MANUFACTURING WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PACKSERV MANUFACTURING WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PACKSERV MANUFACTURING DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL PACKSERV MANUFACTURING OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PACKSERV MANUFACTURING WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PACKSERV MANUFACTURING WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PACKSERV MANUFACTURING AND WHETHER OR NOT PACKSERV MANUFACTURING HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless Packserv Manufacturing and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Packserv Manufacturing Website or the delivery of products, services or information over the Packserv Manufacturing Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Packserv Manufacturing Website or any products, services or information obtained from this Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

SUBMISSION OF PERSONAL INFORMATION ON THE WEBSITE

These Terms of Use hereby incorporate Packserv Manufacturing’ Website Privacy Statement, which describes Packserv Manufacturing’ use of personal information collected through the Website and the choices and rights available to you with respect to such information.

This Website is operated by Packserv Manufacturing in Australia and any personal information submitted through the Website will result in the collection and processing of such information in Australia. As a result, if you are visiting the Website from a country other than Australia, your personal information will cross an international boundary. The level of protection for your personal information in Australia may not be the same as the level of protection in your country.

PROTECTION OF PERSONAL INFORMATION; LEGALLY-REQUIRED DISCLOSURES

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Packserv Manufacturing reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. Packserv Manufacturing reserves the right to investigate suspected violations of these Terms of Use.

Packserv Manufacturing reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Packserv Manufacturing to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PACKSERV MANUFACTURING AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PACKSERV MANUFACTURING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PACKSERV MANUFACTURING OR LAW ENFORCEMENT AUTHORITIES.

COMMENTS AND SUBMISSIONS

Packserv Manufacturing welcomes your comments. To the extent permitted under applicable law, all comments, suggestions or other information sent by you to this Website will become Packserv Manufacturing’s property and you agree that all intellectual property rights therein are transferred to Packserv Manufacturing. You understand that any postings to publicly available portions of the Packserv Manufacturing Website are non-confidential for all purposes.

LINKS TO OTHER SITES 

The Packserv Manufacturing Website may contain links to other websites on the Internet. Packserv Manufacturing is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Packserv Manufacturing Website or third-party advertisements, and Packserv Manufacturing does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

CONTACT

Please contact info@packservmanufacturing.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership or agency relationship exists between you and Packserv Manufacturing as a result of these Terms of Use or your use of this Website.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Packserv Manufacturing’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Packserv Manufacturing nor any trade practices shall be deemed to modify these Terms of Use. Packserv Manufacturing may revise these Terms of Use at any time by updating this posting.

These Terms of Use were last updated on 1 July, 2020. ABN: 34 113 829 655.