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Terms & Conditions
The following terms and conditions govern your use of the STERLING WELLS COMPANY LIMITED web site (hereinafter: “SWC Web-Site”). Your viewing or use of the SWC Web-Site will constitute your agreement, on behalf of yourself and the company/account you represent (hereinafter collectively “you” or “yourself” or “the company” or “the account”), to all of the terms and conditions provided below.
USE BY CUSTOMERS OR YOU
“Customer” means the Person that is your employer (1) and that has registered and been assigned an Account to use or access the SWC Web-Site, if an Account is required for such use or access, or (2) when the first use or access is made that does not require an Account for use or access; and “You” means, as applicable, you as an individual and the Customer.
You represent and warrant that You have reached the age of legal majority and, if applicable, You can form legally binding contracts under applicable law on behalf of the Customer relating to the use of SWC Web-Site or any of its services. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of the Customer relating to a SWC Web-Site Account, You may no longer use such SWC Web-Site Account in any manner whatsoever.
The SWC Website is provided solely for the use of current and potential STERLING WELLS COMPANY customers to interact with STERLING WELLS COMPANY and may not be used by any other person or entity, or for any other purpose. Only authorized users with qualified passwords are allowed to use parts of SWC Web-Site functions that require such authentication for use. STERLING WELLS COMPANY does not accept recommendations for new services or products through the SWC Web-Site and if such information is received, it will not be considered confidential and STERLING WELLS COMPANY will be deemed free to use, communicate and exploit such information in any manner it chooses.
REGISTRATION
You may choose to register with the SWC Web-Site by completing an Account Application Form, provided by STERLING WELLS COMPANY. Approved SWC Website account applications currently provide you with access to the password protected areas of the SWC Web-Site as well as the general content available to the public. In the future, STERLING WELLS COMPANY may add other features that may be accessed through the public and/or private areas of the SWC Web-Site. In such event, previously registered users may or may not be required to re-subscribe, at STERLING WELLS COMPANY ‘s discretion.
By registering with the SWC Web-Site, you agree to provide accurate and current information about you, your company, and any representatives or affiliates of you and/or your company, as prompted by the form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or STERLING WELLS COMPANY has reasonable grounds to suspect that such information is inaccurate or not current, and STERLING WELLS COMPANY has the right to suspend or terminate your online account.
By registering with SWC Web-Site services, you will be provided a User I. D. and Password. You are responsible for maintaining the confidentiality of the Password and User I. D., and you are responsible for all activities that occur under your Password and User I. D. You agree to (a) immediately notify STERLING WELLS COMPANY of any unauthorized use of your User I. D. and Password and (b) ensure that you exit from your SWC Web-Site session at the end of each visit.
CHANGES
SWC Web-Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice.
TERM
STERLING WELLS COMPANY may discontinue, suspend or modify the SWC Web-Site at any time without notice, and STERLING WELLS COMPANY may block, terminate or suspend your and any user’s access to SWC Web-Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
OWNERSHIP
Sterling Wells Company‘s copyright, trademark and other laws protect the SWC Web-Site and its Content. All rights reserved. Specifically, STERLING WELLS COMPANY does not convey to anyone, through allowing access to the SWC Web-Site, any ownership rights in STERLING WELLS COMPANY, SWC Web-Site, or Content and functionality contained within or outside of the SWC Web-Site.
DISCLAIMER OF WARRANTY
THE SWC WEB-SITE AND ITS CONTENT ARE PROVIDED “AS IS.” STERLING WELLS COMPANY AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE THE SWC WEB-SITE AND ITS CONTENT.
STERLING WELLS COMPANY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SWC WEB-SITE, SWCEXPRESS SHIPMENT MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STERLING WELLS COMPANY DOES NOT WARRANT THAT SWC WEB-SITE OR SWCEXPRESS SHIPMENT MANAGER WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SWCEXPRESS SHIPMENT MANAGER WILL BE CORRECTED. FURTHERMORE, STERLING WELLS COMPANY USA LLC DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SWC WEB-SITE OR SWCEXPRESS SHIPMENT MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY STERLING WELLS COMPANY OR AN AUTHORIZED REPRESENTATIVE OF STERLING WELLS COMPANY SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
Use of the Services, Content and information on the SWC-Web-Site is provided at your sole risk on an “AS-IS” and “AS AVAILABLE” basis. Sterling Wells Company, to the fullest extent permitted by law, expressly disclaims all warranties of any kind, whether expressed, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third parties rights. Sterling Wells Company, it’s affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the SWC-Web-Site or systems. No information obtained via the SWC-Web-Site or systems shall create any warranty not expressly stated by STERLING WELLS COMPANY in these terms and conditions.
Any material downloaded or otherwise obtained through the use of the SWC Web-Site, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the SWC Web-Site or your downloading of anything from the SWC Web Site.
In no event shall STERLING WELLS COMPANY or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages, including without limitation damages for loss of profits, goodwill, business interruption, use, data, damage to any computer systems, even if you have advised Sterling Wells Company of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the SWC Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the SWC Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the SWC Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
INDEMNITY
You hereby release, and agree to indemnify and hold harmless STERLING WELLS COMPANY LIMITED Global Ltd. and its associated and subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the SWC Web-Site and its Content.
LINKS
There are links on the SWC Web-Site, which allow You to visit the sites of third parties. STERLING WELLS COMPANY controls neither these sites nor the companies to whom they belong. STERLING WELLS COMPANY makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. STERLING WELLS COMPANY has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.
You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the SWC Web-Site, use of the SWC Web-Site, or access to the SWC Web-Site. Nothing contained on the SWC Web-Site should be construed as granting any license or right to use any Logo or Trademark displayed on the SWC Web-Site without the written permission of Sterling Wells Company.
PRIVACY POLICY
Click here to access the STERLING WELLS COMPANY Privacy Policy governing the use of information acquired from you through the SWC Web-Site.
EXPORT
You assume all responsibility for compliance with all laws and regulations of any country from which you may access the SWC Web-Site regarding access, use, export, re-export and import of any Content appearing on or available through the SWC Web-Site.
JURISDICTION AND SEVERABILITY
This Terms of Use and your use of the SWC Web-Site is governed by and construed in accordance with the laws of Australia, excluding its conflict of laws provisions If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to the SWC Web-Site or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Australia. This Terms of Use may not be changed or modified without the written consent of STERLING WELLS COMPANY.
USE BY CUSTOMERS OR YOU
“Customer” means the Person that is your employer (1) and that has registered and been assigned an Account to use or access the SWC Web-Site, if an Account is required for such use or access, or (2) when the first use or access is made that does not require an Account for use or access; and “You” means, as applicable, you as an individual and the Customer.
You represent and warrant that You have reached the age of legal majority and, if applicable, You can form legally binding contracts under applicable law on behalf of the Customer relating to the use of SWC Web-Site or any of its services. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of the Customer relating to a SWC Web-Site Account, You may no longer use such SWC Web-Site Account in any manner whatsoever.
The SWC Website is provided solely for the use of current and potential STERLING WELLS COMPANY customers to interact with STERLING WELLS COMPANY and may not be used by any other person or entity, or for any other purpose. Only authorized users with qualified passwords are allowed to use parts of SWC Web-Site functions that require such authentication for use. STERLING WELLS COMPANY does not accept recommendations for new services or products through the SWC Web-Site and if such information is received, it will not be considered confidential and STERLING WELLS COMPANY will be deemed free to use, communicate and exploit such information in any manner it chooses.
REGISTRATION
You may choose to register with the SWC Web-Site by completing an Account Application Form, provided by STERLING WELLS COMPANY. Approved SWC Website account applications currently provide you with access to the password protected areas of the SWC Web-Site as well as the general content available to the public. In the future, STERLING WELLS COMPANY may add other features that may be accessed through the public and/or private areas of the SWC Web-Site. In such event, previously registered users may or may not be required to re-subscribe, at STERLING WELLS COMPANY ‘s discretion.
By registering with the SWC Web-Site, you agree to provide accurate and current information about you, your company, and any representatives or affiliates of you and/or your company, as prompted by the form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or STERLING WELLS COMPANY has reasonable grounds to suspect that such information is inaccurate or not current, and STERLING WELLS COMPANY has the right to suspend or terminate your online account.
By registering with SWC Web-Site services, you will be provided a User I. D. and Password. You are responsible for maintaining the confidentiality of the Password and User I. D., and you are responsible for all activities that occur under your Password and User I. D. You agree to (a) immediately notify STERLING WELLS COMPANY of any unauthorized use of your User I. D. and Password and (b) ensure that you exit from your SWC Web-Site session at the end of each visit.
CHANGES
SWC Web-Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice.
TERM
STERLING WELLS COMPANY may discontinue, suspend or modify the SWC Web-Site at any time without notice, and STERLING WELLS COMPANY may block, terminate or suspend your and any user’s access to SWC Web-Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
OWNERSHIP
Sterling Wells Company‘s copyright, trademark and other laws protect the SWC Web-Site and its Content. All rights reserved. Specifically, STERLING WELLS COMPANY does not convey to anyone, through allowing access to the SWC Web-Site, any ownership rights in STERLING WELLS COMPANY, SWC Web-Site, or Content and functionality contained within or outside of the SWC Web-Site.
DISCLAIMER OF WARRANTY
THE SWC WEB-SITE AND ITS CONTENT ARE PROVIDED “AS IS.” STERLING WELLS COMPANY AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE THE SWC WEB-SITE AND ITS CONTENT.
STERLING WELLS COMPANY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SWC WEB-SITE, SWCEXPRESS SHIPMENT MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STERLING WELLS COMPANY DOES NOT WARRANT THAT SWC WEB-SITE OR SWCEXPRESS SHIPMENT MANAGER WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SWCEXPRESS SHIPMENT MANAGER WILL BE CORRECTED. FURTHERMORE, STERLING WELLS COMPANY USA LLC DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SWC WEB-SITE OR SWCEXPRESS SHIPMENT MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY STERLING WELLS COMPANY OR AN AUTHORIZED REPRESENTATIVE OF STERLING WELLS COMPANY SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
Use of the Services, Content and information on the SWC-Web-Site is provided at your sole risk on an “AS-IS” and “AS AVAILABLE” basis. Sterling Wells Company, to the fullest extent permitted by law, expressly disclaims all warranties of any kind, whether expressed, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third parties rights. Sterling Wells Company, it’s affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the SWC-Web-Site or systems. No information obtained via the SWC-Web-Site or systems shall create any warranty not expressly stated by STERLING WELLS COMPANY in these terms and conditions.
Any material downloaded or otherwise obtained through the use of the SWC Web-Site, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the SWC Web-Site or your downloading of anything from the SWC Web Site.
In no event shall STERLING WELLS COMPANY or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages, including without limitation damages for loss of profits, goodwill, business interruption, use, data, damage to any computer systems, even if you have advised Sterling Wells Company of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the SWC Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the SWC Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the SWC Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
INDEMNITY
You hereby release, and agree to indemnify and hold harmless STERLING WELLS COMPANY LIMITED Global Ltd. and its associated and subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the SWC Web-Site and its Content.
LINKS
There are links on the SWC Web-Site, which allow You to visit the sites of third parties. STERLING WELLS COMPANY controls neither these sites nor the companies to whom they belong. STERLING WELLS COMPANY makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. STERLING WELLS COMPANY has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.
You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the SWC Web-Site, use of the SWC Web-Site, or access to the SWC Web-Site. Nothing contained on the SWC Web-Site should be construed as granting any license or right to use any Logo or Trademark displayed on the SWC Web-Site without the written permission of Sterling Wells Company.
PRIVACY POLICY
Click here to access the STERLING WELLS COMPANY Privacy Policy governing the use of information acquired from you through the SWC Web-Site.
EXPORT
You assume all responsibility for compliance with all laws and regulations of any country from which you may access the SWC Web-Site regarding access, use, export, re-export and import of any Content appearing on or available through the SWC Web-Site.
JURISDICTION AND SEVERABILITY
This Terms of Use and your use of the SWC Web-Site is governed by and construed in accordance with the laws of Australia, excluding its conflict of laws provisions If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to the SWC Web-Site or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Australia. This Terms of Use may not be changed or modified without the written consent of STERLING WELLS COMPANY.