Terms and Conditions Privacy Statement
GOODWIN KENNY USER AGREEMENT
(Here after refered to as GK)
This GK Web site is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, and notices contained
herein and without modification. GK may modify the content or format of this Web site or discontinue the operation of this Web site in
its sole discretion and without advance notice. Your access and use of this site constitutes acceptance of all of these terms and
conditions. Importantly our site contains information that is of general nature only and not intended to render professional advice.
Visitors should obtain professional advice in relation to the particular circumstances of their case. Our geographic location is in
Northern New South Wales, Australia so any specific offer or price is based on that area, unless otherwise noted.
The data, drawings, specifications and text relating to Machinery models are approximate only. The models shown/described
can be subject to modifications or be country specific, and are subject to change without notice. They may include options, Variants
applicable to other countries. For accurate Australian specifications contact our sales team. Never assume, always ask !!
Prices/Specifications of listed second-hand machinery may vary at any time, without notice. Due to availability errors and/or
other mistakes, contact Goodwin Kenny for the latest updated information
Web Site Use. The User agrees to use this Web site as permitted by applicable local, state, and federal laws. Additionally, the User
agrees not to:
- Knowingly and without authorization, alter, damage, or destroy GK's or another user's computer system, network,
software, Web site, program, documentation or data contained therein;
- Use this Web site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that
is prohibited by law. Any action by the User that results in the blocking of access to this Web site by other users or GK will be
deemed an unauthorized use.
Monitoring of Use. By using this system, the User expressly consents to administrative monitoring at all times. The User is further
advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate
law enforcement officials. If the User does not consent to any monitoring, the User should exit this system now.
Disclaimer. Every effort has been made by GK to offer the most current, correct, and clearly expressed information possible.
Nevertheless, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this
Agreement, GK disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other
information that may be contained on GK Web pages. The news, financial information, data and information included on GK server
has been compiled by GK personnel from a variety of sources and is subject to change without notice to the User. GK makes no
warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or
timeliness of the content found on this Web site.
Links to Third Parties' Web Sites. GK Web pages may currently or in the future include links to Web sites that are controlled or
operated by third parties. Any sites linked from the GK Web site are not under GK control. GK assumes no responsibility or
liability for any information, communications or materials at such sites, or at any link contained in a linked site. GK does not intend
any third party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by
them and are provided for convenience only. Each third party Web site has its own policies about what information is appropriate for
public access. The user assumes sole responsibility for use of any third party links and pointers.
Intellectual Property. The User acknowledges that this GK Web site contains intellectual property that is protected by state and/or
federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative
works of any portion of this Web site including the content therein, or engage in any other action that may violate the intellectual
property rights of GK and Others.
Assumption of Risk. By using GK Web pages for any purpose, the User assumes all risks associated with the use of this site and
its individual pages. This risk includes but is not limited to any risk to the User's computer, software or data being damaged by any
virus, software, or other file which might be transmitted or activated via a GK Web page or the User's access to it. GK shall in no
circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost
profits or lost revenues, arising out of or in any way connected to the use or misuse of this Web site, or from any information, lack of
information, documents, software, services, or other material obtained through any GK Web pages. The User also assumes any and
all risk arising out of the use of this Web site, whether based on contract, tort, strict liability, or otherwise, even in the event that GK
and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. GK shall not be liable
for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring,
compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information
regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of
information furnished.
Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS GK'S COMPUTER
SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD
OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. GK reserves the right to terminate at its own
discretion the User's use of this Web site or forbid the User from accessing this Web site in the future in the event of any abuse of the
Web site or any unauthorized or forbidden use by the User.
Use of Interactive Media. To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums,
chat rooms, or other message or communication facilities involving GK and/or other users, the User agrees to use such forums in
their intended manner. Under no circumstances shall the user violate any law by using such forums for purposes including but not
limited to defaming or harassing others, violating intellectual property rights of GK or a third party, posting or sending obscene or
offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this Web site or the
computers of GK or a third party. GK reserves the right to remove any contents of this Web site for any reason whatsoever. The
User acknowledges that any material posted by parties other than GK or its affiliates are not endorsed by GK, and such
communications shall not be considered reviewed or approved by GK.
Indemnification. The User agrees to indemnify GK, its officers, agents, employees, and other personnel under its control against
any and all liability, expenses, legal fees, and damages arising out of or relating to the use of this Web site in any way, including
any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.
No Contractual Relationship. The User acknowledges that, by the use of this Web site, no relationship of any kind, including but not
limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and GK or any of its
affiliates or employees.
Jurisdiction. This Agreement is governed by the laws of the State of NSW in AUSTRALIA. The User consents to
the exclusive jurisdiction and venue of courts located in TAMWORTH, NSW. in all disputes arising out of or relating to the use of this
Web site. Use of this Web site is not authorized in any jurisdiction that does not give effect to all provision of these terms and
conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out
of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is
brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding
brought in any such court, that such court does not have jurisdiction over the User.
Applicable Laws.GK's performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in
derogation of GK's right to comply with law enforcement requests or requirements relating to any party's use of this Web site or
information provided to or collected by GK regarding such use.
Survival. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or
unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original
provision and the remainder of the Agreement shall continue in effect.
Entire Agreement. This Agreement constitutes the entire agreement between the User and GK regarding this Web site. This
Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and GK
regarding this Web site. www.goodwinkenny.com.au
Last Modified 29/11/2007
Privacy Statement Terms and Conditions GOODWIN KENNY Pty Limited , www.goodwinkenny.com.au (referred to in this policy as "we") are committed to protecting the privacy of the information we hold on you. As such we are also committed to adhering to the recently introduced Australian private sector privacy legislation. As such, we have the policy of adherence to the National Privacy Principles as enshrined in the Privacy Act 1988 (Cth) as amended. We will only collect and use personal information that is necessary for our functions and activities, which includes the marketing of our agricultural products and services. Information may be gathered or held about our customers from our product warranty registration process, where you purchase any of our products from any of our authorised branchs, or through our websites, where you seek further information about any of our products or services. We will use fair and lawful ways to collect personal information. Generally the information we will hold about you is given by you to us directly. We will take reasonable steps to ensure that individuals are aware of information about them that may have been collected from other sources. We will take reasonable steps to ensure that any personal information collected is up to date and complete. We will take reasonable steps to protect the personal information held about individuals from misuse or loss and from unauthorised access, modification or disclosure. We will take reasonable steps to destroy or de-identify personal information if it is no longer required for its functions and activities. If requested by an individual, we will take reasonable steps to disclose, in general terms, what sort of information it holds about that individual and how that information is collected, used and disclosed. We will disclose information about an individual as permitted by law, for example if it is necessary to contact you about a product safety upgrade. If requested, we will grant an individual access to personal information it holds about that individual unless particular circumstances apply that allow it to limit the extent to which access is given. We may disclose information about an individual if it reasonably believes that unlawful activity has been, is being or may be engaged in. We may disclose information about an individual to an enforcement body if it is reasonably necessary in connection with the investigation, detection, prevention or prosecution of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law. We will disclose information about an individual if it is required or authorised by law. We acknowledge the right of individuals, whenever it is lawful and practicable, to remain anonymous when entering into transactions with us. We will only transfer information if it meets the requirements of National Privacy Principle 9. A copy of this document will be provided to all individuals upon request. If you need to know more, please email our Privacy Officer or contact us on +61 2 67655244 (outside Australia) or (02) 67655244 (inside Australia) Last Modified 29/11/2007