ACCESS AGREEMENT

Please read this Access Agreement before accessing the Hilti Web site. This agreement governs your access to and use of the Web site. Entering the site indicates your acceptance of this Agreement, and you agree to be bound by it. For the purposes of this Agreement "Hilti" means Hilti (Aust) Pty Limited (ABN 44007602100) and its associated, affiliated and subsidiary companies including Hilti Corp. and "User" means the person who is using any Hilti website for business purposes.

Disclaimer

By using this Hilti Web Site you are indicating your agreement with the following sections:

A. Access and information
Your access is limited to viewing Hilti information solely for legitimate business purposes. Any access or attempt to access other Hilti computer systems or other information contained on Hilti systems without Hilti's consent for any reason is prohibited. You agree not to use any information contained on this Web site for other than legitimate business purposes.

B. Hilti's Responsibilities

1. All data and calculations (incl. drawings) itemized on this Web Site are for the user's guidance only. All such data and calculations are based upon the principles, formulas and safety factors set out in the Hilti technical instructions, the operating manuals, the setting manuals, and the installation manuals. Any values therein are based on the respective average values obtained during the product testing phases. Due to variations in materials, on-site testing must be performed to determine performance at any specific site.
2. Any modification of this data or calculations (incl. drawings) by the user without Hilti's consent or knowledge could result in an application not fulfilling legal health and safety legislation. The user agrees to indemnify and hold harmless Hilti from all claims relating to loss or damage suffered by any party due to applications based on changes made by the user to data or calculations on any Hilti Web site without the written consent of an authorised representative of Hilti.
3. The Web Site has been designed in such a way so as to give a specific type of result from the data that has been entered. It remains the responsibility of the user and/or engineer responsible for the project to check these results before use and to assure that these results are suitable for the customer's specific application.
4. All information and user programs provided on this Web Site are only aids without any guarantee as to their validity or for the accuracy of any calculation in a specific application.
5. All materials posted on this Web site are “as is” and without warranties express or implied, except those expressed by statute.  Hilti’s liability is limited, to the extent permissible by law, at its option to:

a. the re-supply of the services; or

b. the reimbursement to the customer for paying someone else to supply the services.

To the extent permitted by law, all other warranties whether implied or otherwise not set out in this agreement are excluded and Hilti is not liable in contract, tort (including without limitation, negligence or breach of a statutory duty) or otherwise to compensate you for:

a. any increased costs or expenses;
b. any loss of profit, revenue, business, contracts or anticipated savings;
c. any loss or expense resulting from a claim by a third party; or
d. any special, indirect or consequential loss or damage of any nature whatsoever caused by Hilti’s failure to complete or delay in completing the delivery of these Web site services.

C. User's responsibilities

1. You acknowledge that your use of any Hilti Web site is for business purposes only. In placing an order and purchasing any of the Goods, the Customer acknowledges and agrees that all such purchases are for business purposes only.
2. Hilti is not engaged in rendering engineering or other professional services. If engineering or other expert assistance is required, the services of a competent professional person should be sought.
3. Given section C2 above, you assume all responsibilities and obligations with respect to your selection of Hilti products to achieve intended results.
4. As all information on this Web site is for guidance only, you assume all responsibilities and obligations with respect to any advice which you may give to a third party without Hilti's written consent in advance in relation to any Hilti product.
5. You may only use this site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by any Intellectual Property Rights of a third party.
6. In the interests of all our users, Hilti will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of our systems or network.

D. Intellectual Property Rights

1. All Hilti Web sites contain Intellectual Property Rights which belong wholly to Hilti Corp. For the purposes of this Agreement, Intellectual Property Rights means any patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, know-how, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to Australia).
2. Copyright in the whole and every part of any Hilti Web site including the look and feel belongs to Hilti and all such copyright may not be used, sold, copied or reproduced in whole or part in any manner or in any media to any person without the prior written consent of Hilti.
3. The user expressly acknowledges that all other Intellectual Property Rights on any Hilti Web site belong to Hilti, and that any user of any Hilti Web site gains no right, title or interest in or to such Intellectual Property Rights. Hilti permits the use of the content of any Hilti Web site for legitimate business purposes but in no event shall any user otherwise copy, reproduce ,distribute, transmit, upload, download, store, alter, modify or display any content of any Hilti Web site without Hilti's consent or in such manner as would be prejudicial to Hilti's business interests.

 

E. Security, User identification and password protection

1. Hilti user identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Hilti Web site as well as liability to Hilti for any damage or loss suffered by any party due to such breach. It is your sole responsibility to protect your password from unauthorized use. Therefore, you may be responsible for any charges allocated to your user identification and password unless it is proven that such charges arose from any fault of Hilti or through no fault of your own.
2. Hilti will use all reasonable means to protect any Hilti Web site from any breaches of security including illegal entry by hackers and/or users of any Hilti Web site who act in a manner which is prejudicial to Hilti's interests. However Hilti shall bear no liability to any user for:

a. the acts and/or omissions of any hacker or unauthorised user on the Hilti Web site;
b. any content on the Hilti Web site which has been placed by any hackers or users of the Hilti Web site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and
c. any acts or omissions of any users and/or hackers which may infringe the Intellectual Property Rights of any third party.

   3. The user may find that a Hilti Web site is linked to or from other web sites through hypertext lin
or other computer links. If the user decides to double click on any of the links contained on any
Hilti Web site, it will leave this Web site. Hilti, as provider of this site, will bear no liability to any  user nor
endorse nor take any responsibility for the contents, graphics, data and/or any other information on the site to which the user will be transferring.

F. Standard transactions
You acknowledge and agree that when you purchase Hilti products or services through this Web site Hilti's standard Terms and Conditions of Sale shall apply to all transactions.

G. Communications

1. All information communicated to Hilti through this Web site may be used by Hilti in accordance with our Privacy Policy.
2. Hilti takes a very serious approach to the issue of data protection. Our policy is set out in our Privacy Policy which appears at this Web site's registration page. So that we may comply with our legal obligations, you are required to read and agree to the Privacy Policy should you register any personal details with Hilti through this Web site. If you do not agree to the Policy, you will not be able to become a registered user of the Web site.
3. It is your responsibility to ensure that the information which we hold about you is up to date and accurate.
4. Hilti reserves the right to modify, add or change any Hilti Web site, this Agreement, the Privacy Policy and any Terms and Conditions of Sale in order to keep this Web Site up to date. Any such changes will be effective immediately when posted on the Web site. It is your responsibility as a user of the Web site to ensure that you are aware of any such changes and you will be deemed to have accepted them if you access the Web site after any changes have been made.

H. Taxes
Any prices contained on this Web site may not include Goods and Services taxes, sales, use, excise or similar taxes. You agree to pay any Goods and Services taxes, sales, use, excise or similar tax connected with your purchase of Hilti products, or to provide Hilti with tax exemption certificates acceptable to taxing authorities and to indemnify Hilti from payment of all such taxes.

I. General
This Access Agreement shall be governed by the laws of Australia and New South Wales. The user and Hilti hereby submit to the exclusive jurisdiction of the Australian courts.