1.1. You are only eligible to access and use this website if you are over the age of 18 and/or otherwise have the legal capacity to enter into these Terms.
2.1. Given the nature of the internet, NCS cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with your computer systems. It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from this website for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems. NCS does not warrant that its website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this website. NCS will also not be liable and accepts no responsibility for any interruption to your access to this website.
2.2. NCS does not warrant and cannot ensure the security of any content or information you transmit via the website. You, therefore, transmit to the website at your own risk. If you become aware of any problems with the security of the website, please contact us immediately.
3.1. NCS is the owner of the copyright of this website and the content contained on it. This includes all written and other material, illustrations, designs, photographs, video clips, icons, and images of people, places and/or products posted. You may use the website for personal use only and must not use it for commercial purposes without our written consent. You are not authorised to and must not adapt, distribute, print, transmit, reproduce, modify, display, perform or publish any part of this website or the content contained on it without the express written permission of NCS.
3.2. This website is the exclusive property of NCS and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.
3.3. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
3.4. For further information on how you may obtain authorisation to use any materials or content on this website, please contact NCS at the “Contact Us” section of this website.
4.1. The website may contain registered trademarks owned by NCS and may also contain trademarks owned by other parties. You are not authorised to copy, imitate or use these trademarks (in whole or in part) without the express written permission of NCS or the relevant other party.
4.2. You agree that all the materials displayed on or available through this website, including without limitation any and all names, design, text logos, data, information, graphics, and underlying software, displayed on or available from this website, are protected by copyright, trademark and other intellectual property laws and are available for your personal use only.
5. Your Account
5.1. If you use this website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
5.2. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
5.3. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.
6. Linked Websites
6.1. This website may contain advertisements, links to other websites, content or resources which are owned or operated by third parties. Those third party websites do not form part of our website and are not under the control or responsibility of NCS. Those links are provided for your convenience.
6.2. The presence of a link is not to be interpreted as an endorsement or approval of the site or the information contained on it. NCS makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on the NCS website including the competence, character or identity of any third party listed or identified on this website. You access linked websites at your own risk.
6.4. You acknowledge that we may receive payments and/or commissions from operators of linked sites as a result of click-throughs from our site.
6.5. You must obtain our written permission to make any hyperlinks to this website.
7. Disclaimer, Limitation of Liability and Indemnity
7.1. While NCS endeavours to ensure that all information on this website is current and accurate, the information on this website may become outdated over time. NCS undertakes no obligation to correct or update any content or information on this website. NCS makes no representations or warranties that this website and/or its contents are accurate, complete, reliable, current or error-free. NCS is not responsible for typographical errors or omissions relating to pricing, text, photography or any other content on this website.
7.2. To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:
7.2.1. exclude all conditions and warranties implied in these Terms;
7.2.2. exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss or revenue, loss of data and loss of profits);
7.2.3. limit our liability in respect of any claim to, at our option:
22.214.171.124. in the case of goods:
126.96.36.199.1. the replacement of the goods or the supply of equivalent goods;
188.8.131.52.2. the repair of the goods;
184.108.40.206.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
220.127.116.11.4. the payment of having the goods repaired; and
18.104.22.168. in the case of services:
22.214.171.124.1. the supply of the services again; or
126.96.36.199.2. the payment of the cost of having the services supplied again; and
7.2.4. limit our liability in respect of any other claim under or in connection with these Terms, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under these Terms and reduce that liability to the extent that you cause or contribute to the loss the subject of the claim.
7.3. You must take all reasonably steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under these Terms. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.
7.4. We will not be liable under these Terms to the extent that liability is caused by:
7.4.1. any breach of your obligations under these Terms or a negligent act or omission by you; or
7.4.2. any delay in performance or breach of these Terms which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosing our website.
7.5. You agree to indemnify NCS and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any content or information that you provide via this website or any damage that you may cause to this website. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
7.6. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.
8. Use of information gathered
8.1. NCS and/or people authorised by it may gather and process the information:
8.1.1. which you may provide when accessing the website, such as your name, address, e-mail address and other personal information about you; and
8.1.2. regarding the way in which you use the website, including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
8.2. NCS may authorise others to offer you goods and services using the information acquired through 8.1.1 and 8.1.2 above.
9.1. Our website contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your inquiry that allows us to recognise you in the future. Cookies may be used on this website to gather data in relation to this website, and you consent to this (although you may be able to disable cookies on your web browser). The cookies on our sites do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the internet.
10.1. We have adopted a privacy statement and you should refer to it to fully understand how we collect and use your information. Your website use indicates that you have read, understood and agree to our privacy statement. The privacy statement explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
11.1. NCS may terminate your access to and use of this website at any time without giving any explanation or justification.
11.2. NCS has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to and use of this website. Upon termination, these Terms will still apply.
12. Applicable Law
12.1. Although this website may be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing or using this website, you agree that these Terms shall be governed by and construed in accordance with the laws of South Australia, Australia.
12.2. Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in South Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us.