Website Terms and Conditions
This website and domain name, including the PWB SLINGMATE custom sling design software, (together, the Website) are owned and operated by KITO PWB Limited ACN 004 235 732 (PWB).
y using this Website and in consideration of PWB providing you with access to this Website, you agree to the following Terms and Conditions, which, together with the Privacy Policy, governs your access to and use of this Website. PWB reserves the right to amend these Terms and Conditions from time to time.
1. Intellectual Property
1.1 The following trade marks, among others, are trade marks of PWB:
PWB, PWB ANCHOR, PWB ANCHOR Logo, PWB SLINGMATE, HERC-ALLOY, HAMMERLOK, HiLITE, COUPLOK,
MAX A LOK, LATCHLOK and PINLOK, (Trade Marks).
1.2 Trade marks used on this Website to describe third parties and their products are trade
marks of those third parties. In particular, YOKE is a registered trade mark of YOKE Industrial Corp used by
KITO PWB Limited with the permission of YOKE Industrial, and KITO is a registered trade mark of
Kabushiki Kaisha Kito used by KITO PWB Lmited with the permission of Kabushiki Kaisha Kito.
1.3 All material on this Website, including the text, information, graphics, logos, design, layout, downloads, software,
pricing, products and services (Content) is owned by or licensed to PWB. You must not reproduce, transmit,
adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior
written consent of PWB, or as permitted by law. All rights of PWB are reserved
2. Linking and Third Party Content
2.1 You must not link to, frame or mirror any part of the Website without PWB’s written authorisation.
2.2 The Website may contain links to or display the content of third parties (Third Party Content), including links to
websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third
Party Websites are not under the control of PWB. PWB does not endorse, approve or make any warranty or claim
regarding Third Party Content, Third Party Websites or the products, services or information available on any Third
Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely
upon Third Party Content or Third Party Websites, you do so solely at your own risk.
3. Your conduct
3.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes (including for competitive advantage or to the competitive
disadvantage of PWB);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property or other rights of another
person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive,
pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or
religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based
on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content;
or
(vi) contains financial, legal, medical or other professional advice.
3.2 Without limiting clause 3.1 above, you will not and will not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider
or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing,
reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(b) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing,
underwriting, rating and related business methodology or systems; and
(c) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
3.3 If you believe that a user has breached any of the conditions set out in this clause, please contact us.
3.4 PWB reserves the right to block or suspend any user of its Website, and to modify or remove any material
uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice.
By uploading, transmitting, posting or otherwise making available any material via the Website, you grant
PWB a non‑exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the
material in any form and for any purpose, and unconditionally waive all moral rights as defined by the
Copyright Act 1968.
3.5 PWB is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or
otherwise made available on the website by any person other than PWB. PWB does not endorse any opinion,
advice or statement made by any person other than PWB.
3.6 You agree to indemnify PWB and each of the officers, employees, agents, contractors, suppliers, licensors, related
bodies corporate and related entities (collectively Affiliates) of PWB in respect of any liability, loss or damages
(including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part)
out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful
conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your
Affiliates.
4. Disclaimer
4.1 Every care has been taken to ensure the accuracy of information contained on this Website, which supersedes all
earlier versions. However, KITO PWB Limited shall not be liable for any loss or damage howsoever caused arising
from the application of such information.
4.2 KITO PWB Limited maintains a policy of progressive development of products and reserves the right to alter
without notice, the specifications shown within this Website.
4.3 Dimensions and masses are subject to commercial tolerances and design changes without notice.
4.4 By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your
computer, software or data may be damaged by any virus transmitted by this website or by any Third Party
Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether
express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing our
Website, you agree to indemnify PWB and its Affiliates for any loss, damage, costs or expenses whatsoever
suffered by any person or entity arising out of or in any way connected with your access to this website.
5. PWB SLINGMATE Accounts
5.1 Accounts
(a) The PWB SLINGMATE custom sling design software allows for approved distributors to register an account
and log-in to access additional functionality (Distributor Account). For the purposes of these Website Terms
and Conditions, the Distributor Accounts are regarded as part of the Website and the full Website Terms and
Conditions apply to the Distributor Accounts. However, the terms set out in this clause 5 apply specifically to
the Distributor Accounts.
(b) PWB reserves the right to determine which distributors are eligible for a Distributor Account at its absolute
discretion.
(c) By logging-in to a Distributor Account, you agree to the Website Terms and Conditions on your own behalf and
on behalf of the distributor whose account you are accessing (Distributor).
5.2 Conditions
(a) You may only:
(i) use a Distributor Account for the Distributor’s internal business purposes;
(ii) permit the Distributor’s directors, officers, employees, agents and subcontractors (Permitted Users)
to access the Distributor Account and only for the Distributor Account and only for the Distributor’s
internal business purposes.
(b) Each of the Permitted Users must have a separate User ID and password, and must keep these confidential.
(c) You will not, and will not permit a third party to:
(i) use another Permitted User’s user ID and password, and must keep these confidential.
(ii) provide access to a Distributor’s Account to any person other than the Permitted Users
who reasonably require access.
5.3 Service Levels
(a) PWB will host the Distributor Accounts on its own or a third party contractor’s computer hardware
and make them available via the World Wide Web.
(b) PWB makes no representation as to availability of Distributor Accounts and reserves the right to
suspend or terminate access to any or all Distributor Accounts at any time, without notice, and in its
absolute discretion.
(c) PWB does not accept any responsibility for material or data stored in or accessed via Distributor Accounts
(Data). PWB will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Data retrieved from
Distributor Accounts or Data that cannot be retrieved. You are responsible for making your own backup copies
of all Data. PWB may delete Data at any time and you release PWB from any liability that you may incur in
relation to the deletion of Data. PWB is not obligated to provide copies of Data in the event a Distributor’s
access is suspended or terminated.
(d) You acknowledges that the Distributo Accounts are provided “as is” without any warranty whatsoever, except as
required by law. PWB does not represent or warrant that the Distributor Accounts will perform error-free or
uninterrupted, or provide any functions not expressly stated by PWB.
6. Privacy Policy
PWB’s Privacy Policy is incorporated by reference into these Terms and Conditions. By using the website, you
agree to the Privacy Policy.
7. Jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia.
8. Contact
If you have any queries regarding these terms and conditions, please contact us.
