Website Terms of Use

Welcome to our website. The use of our website is governed by the terms and conditions outlined below (“Terms of Use”), together with our Privacy Policy (“Privacy Policy”). 

The expressions "we", "us" and "our" are a reference to Daiwa (Australia) Pty Ltd ACN 001 090 857 (“Daiwa”), except where otherwise indicated. The term “you” and “your” refers to the user or viewer of our website. 

Please read our Terms of Use, together with our Privacy Policy, carefully. 

If you continue to browse and use this website, you are agreeing to comply with and be bound by these Terms of Use, which together with our Privacy Policy, govern Daiwa’s relationship with you in relation to this website. 

If you do not accept any part of these Terms of Use, you are not authorised to use this website. 

If you are under the age of 18, you acknowledge that you have obtained permission from your parent or guardian prior to using this website. 

General 

The content of the pages of this website are for your general information and use only. The pages are subject to change without notice. Amendments will be effective immediately upon notification on this website. It is your responsibility to check these Terms of Use periodically for any changes. Your continued use of the website following such notification will represent an agreement by you to be bound by these Terms of Use (as amended). 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. Whilst we have no reason to believe that any of the information and materials contained on this website are inaccurate, you acknowledge that such information and materials may contain inaccuracies or errors (including, without limitation, typographical errors, technical inaccuracies, and/or information that is not accurate, complete, or current) and, to the maximum extent permitted by law, we accept no liability for any such inaccuracies or errors, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. 

Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information detailed through this website meet your specific requirements. 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, photos, videos, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice provided below, which forms part of these Terms of Use. 

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. 

Mode of Access 

In order to use this website, you will need internet access, devices, and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). We have no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website. 

Privacy policy 

We may exchange your details with third party service providers, who may assist us with marketing, IT, accounting, payment, data processing or other services. Some of these third parties may be located outside of Australia. 

Please refer to our Privacy Policy to see how we collect, use, and protect your personal information. Please “clickhere” to view our Privacy Policy. Alternatively, a copy of our privacy policy is available upon request. 

Cookies 

When you visit our website, we may collect information about the session between your computer and our website through the use of cookies. 

Cookies are text files which are stored on your computer or mobile device (by your web browser) that record specific information, such as which pages you visit, the information you have searched for, or the device you are using to access our website. 

We use cookies for the purposes of managing and improving our website, improving our business functions, gathering demographic information about the persons who visit our website, displaying ads on websites and social media platforms based upon your browsing history, and displaying content of interest specific to you, among other things. 

You may elect to disable or turn off cookies in your web browser, however, this may impact upon the services we are able to offer you on our website and may impact upon your ability to access certain features of our website. 

Our server will also automatically record your Internet Protocol address (IP address). 

An IP address is a numerical designation assigned to each device connected to a computer network by your internet service provider. While IP addresses can be used to identify the general physical location of a computer, they are otherwise anonymous, and we will not use your IP address to identify you. 

Facebook pixel 

When you visit our website, we may gather data through a Facebook pixel. 

Facebook pixel is an analytics tool that allows us to measure the effectiveness of our advertising by understanding the actions people take our website, including you. More specifically, conversion tracking shows us what happens after you click on our advertisement. Once you have completed an action in relation to the advertisement, this is defined as a conversion. Having a conversion tracking tool lets us see which words, images and campaigns are selling points for which members. 

Copyright notice 

All texts, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) including but not limited to the design, structure, selection, co-ordination, expression, “look and feel”and arrangement of such Content contained on the website is owned, controlled or licensed by or to us and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. As set out we are either the owner, controller, or licensor of the Content. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968(Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means, in relation to the website or the Content, copy, reproduce, re-publish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, goods or services obtained from any part of this website, without our express prior written consent. 

Trade Marks 

All trademarks, service marks and trade names (e.g., the DAIWA name and “D-VEC” logo) are owned, registered and/or licensed by us. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of this website or Content. 

If you use any of our trade marks in reference to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks: 

1. in or as the whole or part or your own trade marks; 

2. in connection with activities, products or services which are not ours; 

3. in a manner which may be confusing, misleading, or deceptive; or 

4. in a manner that disparages us or our information, goods, or services (including this website). 

Restricted Use 

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. You may not without our written permission on-sell information obtained from this website. 

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 

Linked Websites 

From time to time, this website may contain links to other websites (“Linked Websites”). Those links are provided for convenience and may not remain current or be maintained. Such Linked Websites are not under our control and, accordingly, we are not responsible for, and we do not endorse, the content of such Linked Websites, including any information or materials contained therein. You will need to make your own independent judgment regarding your interaction with any Linked Websites. We are not responsible for the content or privacy practices associated with Linked Websites. Our links with 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, goods, or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary. 

Specific Warnings – Website 

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You warrant to us that you are of sufficient legal age to use or participate in all services and features available on our website or that you have obtained consent from your parent or legal guardian to use or participate in all services and features available on our website. 

You (or, if applicable, your parent or guardian) must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website. 

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia). 

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity. 

Security Policy 

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, 128 SSL encryption, passwords, anti-virus software, and email filters act to protect all our electronic information. 

Disclaimer 

To the maximum extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. 

Termination of Access 

Access to this website may be terminated at any time by us with or without notice. Our disclaimer will nevertheless survive any such termination. 

Severability 

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. 

Governing Law and Jurisdiction 

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representation that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.