When using the Site, you must not:
(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Site or its services (including by interfering with security-related or other features of the Site);
(d) corrupt data or cause annoyance to other users or Pittella;
(e) infringe any other person's rights, including any of their Intellectual Property Rights;
(f) send any unsolicited advertising or promotional material, commonly referred to as "spam";
(g) attempt to affect the performance or functionality of the Site or any computer facilities of, or accessed through, the Site; or
(h) use data mining, robots, screen capping or similar data gathering or extraction tools on the Site.
Any breach of the above obligations may constitute a criminal offence and Pittella may, in its discretion, report any such criminal offence to the relevant law enforcement authorities and disclose your identity to them.
Pittella will not be liable for any Liability caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Sites.
The Site and the contents on the Site are subject to copyright, trademarks and other Intellectual Property Rights. Unless stated otherwise, these Intellectual Property Rights are owed by, or licensed to, Pittella. You obtain no rights in Pittella’s Intellectual Property Rights.
The Intellectual Property Rights in all software and content (including photographic images, technical drawings, diagrams, installation sheets or any other downloadable product or item) (regardless of the format they are in, whether PDF, REVIT or CAD formatted files) made available to you on or through the Site or otherwise by Pittella remain the property of Pittella or its licensors. All such rights are reserved by Pittella and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site (including those relating to our suppliers) nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and locations featured on the Site are in no way associated, linked or affiliated with Pittella and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Pittella.
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
Save for the warranty expressly provided for on the Site with respect to the relevant Product at the time of placing an Order and to the fullest extent permitted by law, Pittella hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Pittella's liability for death or personal injury arising from its negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter which cannot be excluded or limited under applicable law.
Due to photographic and screen limitations associated with the representation of products on the Site, some actual Products may differ to a certain extent in visual appearance from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes and may not be an exact representation of the Products received.
You may not link to the Site or any part of the Site in a way that damages Pittella’s reputation or takes advantage of it, nor may you establish a link in such a way as to suggest any form of association, approval or endorsement on Pittella’s part where none exists. You must not establish a link from any website that is not owned by you or in any way that is illegal or unfair. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page (if we consent to you doing so). Pittella reserves the right to withdraw linking permission without notice.
From time to time Pittella may run promotions on the Site, which are subject to both these Terms, the Standard Terms and any additional promotion-specific terms that are incorporated into those documents by reference. Promotion-specific terms may include conditions in respect of brands, purchase periods, purchase methods, minimum spend requirements (including bundle discounts) partner promotions, games of chance or games of skill. These promotion-specific terms may be included in email notifications of the promotion or they may be advertised on the Site. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion.
You agree to indemnify, defend and hold harmless Pittella, its directors, officers, employees, consultants, agents, and affiliates, from any and all Liability and third party claims or Liability arising from your use of the Site or your breach of the Terms or the Standard Terms.
Clause 7.1 of the Standard Terms (and any other provisions under the heading ‘General Provisions’ in the Standard Terms) will be deemed to be set out in full in these Terms, with only such changes as are necessary to apply those provisions to your obligations and Pittella’s rights under these Terms and the Standard Terms.
If any part of these Terms is unenforceable (including any provision in which Pittella excludes liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any provision (or part of it) can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
These Terms are governed by the laws of the Victoria and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Victoria.
These Terms were last updated on 3 November 2020.
