HILCO GLOBAL (AUSTRALASIA) PTY LTD

1. Website Terms of Use

• 1.1 This website is owned and operated by Hilco Global (Australasia) Pty Ltd ACN 634 803 973 (Hilco Global Australasia, we, us, our).
• 1.2 These terms and conditions apply to:
  • (a) the use of this website (www.hilcoapac.com) (Site), including the use of the information offered on the Site; and
  • (b) any interaction that you have with Hilco Global Australasia through the Site, including when you:
    • (i) set up, login, and use, any account that you have to use or access any part of the Site (Account); and
    • (ii) contact Hilco Global Australasia through the Site; and
  • (c) any response to an enquiry that you make via the Site.
• 1.3 using or accessing any part of the Site, its material or the related services, you agree to be bound by these terms and conditions, which include our Privacy Policy (available here) (Terms). You should review our Privacy Policy and these Terms carefully. If you do not agree to these Terms, you must cease accessing or using the Site. Ongoing use of our Site is deemed acceptance of these Terms
• 1.4 When you set up, log in and use any Account in connection with the Site, these Terms apply in addition to the Buyer Agreement. To the extent of any inconsistency between these Terms (including the Privacy Policy) and the Website User Terms, the Buyer Agreement will prevail.
• 1.5 Hilco Global Australasia reserves the right to add, delete, or modify any of these Terms at any time without notice to you. In such circumstances, amendments will be effective immediately. Your continued use of the Site will represent an agreement by you to be bound by the amended Terms. If you do not agree with any of the Terms, please do not use or access our Site.
• 1.6 Your access to the Site may be terminated at any time by us without notice. Clause 2 of these Terms and other clauses which are capable of survival will nevertheless survive any such termination.

2. Disclaimer and Liability

• 2.1 To the maximum extent permitted by law, including the Australian Consumer Law, any condition or warranty which would otherwise be implied into these Terms, other than those contained in these Terms (including in connection with any products or services you purchase through the Site), is excluded. In respect of braches of any warranty, guarantee or condition implied by statute and which we cannot lawfully exclude, our liability is limited, to one or more of the following (at our option):
  • (a) if the breach relates to goods (including any products or services you purchase through the Site):
    • (i) the replacement of the goods or the supply of equivalent goods;
    • (ii) the repair of such goods;
    • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • (iiii) the payment of the cost of having the goods repaired; and
  • (b) if the breach relates to services:
    • (i) the supply of the services again; or
    • (ii) the payment of the cost of having the services supplied again.
• 2.2 To the extent permitted by the law, Hilco Global Australasia will not be liable for any direct, indirect or consequential loss or damage, including but not limited to loss of business, opportunity, data or profits, arising out of or in connection with:
  • (a) your use of the Site and/or the information or materials on it;
  • (b) the inaccessibility of the Site;
  • (c) the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; or
  • (d) from your purchase or use of any products or services from the Site.
• 2.3 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

3. Cookies

• 3.1 Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Site.

4. Copyright and Trade Marks

• 4.1 Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of the Site and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of the Site (Content), is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:
  • (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on the Site; or
  • (b) commercialise any information, products or services obtained from any part of any Content on the Site, without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.
• 4.2 Your use of the Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Site or the Content. However we do grant you a licence to access the Site and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
• 4.3 Except where otherwise specified, any word or device used on the Site as a trade mark is a registered or proprietary trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
  • (a) in or as the whole or part of your own trade marks;
  • (b) in connection with activities, products or services which are not ours;
  • (c) in a manner which may be confusing, misleading or deceptive;
  • (d) in a manner that disparages us or our information, products or services (including the Site); or
  • (e) without our prior written permission.

5. Specific warnings

• 5.1 The information and materials provided on the Site are correct and accurate at the time of publication. Although we endeavour to ensure that the Site is accurate, up-to-date, and complete, and to conduct reviews of our Site from time to time, we do not guarantee that the Site is free from delays, errors or omissions that could affect its currency, completeness, or accuracy.
• 5.2 Hilco Global Australasia provides the Site and its Content on an “as is” basis, and without any representation or warranty of any kind. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of the Site.

6. Unacceptable activity

• 6.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Site, including but not limited to:
  • (a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • (b) using the Site to defame or libel us, our employees or other individuals;
  • (c) using any device, software or method to interfere (or attempt to interfere) with the proper functioning of the Site or any transaction being conducted on the Site, or with any other person’s access to or use of the Site;
  • (d) uploading or otherwise transmitting any form of material or information that is considered to be confidential, misleading, deceptive to the Site;
  • (e) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
  • (f) uploading or transmitting to the Site any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
• 6.2 If we allow you to post any information to our Site, we have the right to take down this information at our sole discretion and without notice.

7. Online Advertising

• 7.1 Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on Hilco APAC platform and on other websites and online services. Targeting and advertising cookies we use may include Google, Facebook, Microsoft, Pinterest, Twitter, Criteo, Adroll and other advertising networks and service we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page.
• 7.2 To opt out of Google Analytics for display advertising or customise Google display network ads, you can visit the Google Ads Settings page.
• 7.3 To the extent advertising technology is integrated into the Hilco APAC platform and you can opt-out of tailored advertising, you may still receive advertising content. In the case, the advertising content will just not be tailored to your interests.
• 7.4 We do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms. As we do not control any of these opt-out links, we are released from any claims relating to the use, provision or application of any tracking technologies.
• 7.5 Without limiting the Privacy Policy, Hilco APAC will ensure that all personal information supplied directly to Hilco APAC will not be sold by Hilco APAC.

8. Linked Websites and Advertisements

Without limiting the above:

• 8.1 The Site may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
• 8.2 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.
• 8.3 Responsibility for the content of advertisements (if any) appearing on the Site (including hyperlinks to advertisers’ own websites) lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.

9. Privacy

• 9.1 Hilco Global Australasia understands that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information at [insert URL] or upon request from us. If you would like any further information about our privacy policies or practices, please contact us at [email protected].

10. Use of Hilco Website

• 10.1 Hilco Global Australasia has taken reasonable steps to protect any information that you transmit to us through the Site, however we cannot guarantee that all information that is transmitted to us it totally secure. Accordingly, any information that is transmitted to us is transmitted at your own risk.
• 10.2 Hilco Global Australasia makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be correct or that the Site or the server that makes it available, are free from viruses or anything else which may be harmful or destructive.
• 10.3 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. We do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of the Site or any Linked Website.

11. Applicable Law

• 11.1 These Terms are governed by the laws in force in the State of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of or in Victoria and the courts of appeal therefrom in relation to any legal proceeding in respect of these Terms or the use of the Site.
• 11.2 If any provision in these Terms is held to be invalid, unenforceable or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from the provision which is determined invalid, unenforceable or illegal. In such circumstances, the term shall be read down to the extent of the invalidity, unenforceability or illegality.
• 11.3 Hilco Global Australasia makes no representation that the content of the Site complies with the laws of any country outside Australia. It is therefore your responsibility to ensure that the Site and your use of the Site complies with the relevant laws at the place in which you reside. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.

12. General

• 12.1 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
• 12.2 Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.
• 12.3 If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.
• 12.4 These Terms (and our Privacy Policy) set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.