Terms And Conditions
Terms And Conditions
1. Overview
1.1 This agreement provides the terms and conditions that govern your use of our site.
1.2 Before using our website, you read through these terms and conditions, and agree with all of the terms and conditions that are within this agreement and our policies, including our Privacy Policy (Policies). You agree that the Policies, (which we reserve the right to change at anytime), shape part of this agreement. These Policies, terms and conditions are referred to collectively as Website Terms. You are bound by all the Website Terms if you accept this agreement.
1.3 At our sole discretion, we may change or vary our Website Terms at anytime. When we make any changes, we will post the new website terms on our website for you to read. If you subsequently access or use our website, this constitutes that you approve and agree with our Website Terms as they appear at that time.
1.4 These Website Terms cannot be altered unless it is specifically permitted under the terms of this agreement or in writing signed by you and us.
Terms and Conditions
The following terms and conditions pertain to all of our website users.
2. Your Responsibility
2.1 You must not:
(a) use our website for any activities which infringe any third party rights or violate any laws or policies;
(b) use our website for fraud or any misleading or deceptive conduct;
(d) use someone else's personal information to access or use our website;
(e) make unauthorised modifications, tamper with or hinder the operation of this website;
(f) use our website to send out any spam or unwelcome/unsolicited email messages to anyone; or
(f) transmit any bugs, viruses or other disabling features to or through our website.
2.2 You must not post up any information or content on our website which is or is likely to be:
(a) obscene, abusive, pornographic, offensive, or indecent;
(b) offensive to anyone including, without limitation, of defamatory nature to anyone;
(c) in breach of the moral rights or intellectual property rights of any person;
(d) in breach of any obligations of confidence or privacy;
(e) insulting, harassing, or vilifying of any person, including based on religion, race, gender, sexual orientation, disability or age;
(f) in breach of any laws; or
(g) false, misleading, or deceptive.
2.3 You indemnify us from and against all claims, actions, suits, damages, demands, liabilities, expenses and costs that may arise out of or are connected in any way to your use of our website.
3. Information and content
3.1 We may change our website's content and format at any time, without notice.
3.2 Our website consists of information and content that is provided by third parties (Third Party Information). We do not authorize Third Party Information. This information may not be accurate, complete or timely for your purposes. We make no warranty or representation of any kind as to the completeness, accuracy or timeliness of Third Party Information, nor do we support any Third Party Information.
3.3 This website also contains information and content that is developed by us (Our Information). You acknowledge and agree that:
(a) Our Information is intended only to give you a summary of the relevant subject matter and since it is brief, it can easily be misinterpreted;
(b) while we work hard to ensure that Our Information is current, this is not always possible because of the fast moving nature of internet technology; and
(c) from time to time, Our Information may contain certain outdated information, errors or omissions.
3.4 You should never use Our Information as your main or only source of information. You should also not replace advice given by a professional with Our Information. To the extent permitted by law, we do not warrant the correctness or timeliness of Our Information and we cannot accept responsibility for those who act on Our Information without first consulting us and attaining specific advice.
4. Security, viruses and linking
4.1 We cannot and do not guarantee the security of this website. We do not warrant that:
• access to this website will be error free or uninterrupted;
• defects will be corrected; or
• this website or the server that makes it available are free of viruses or bugs.
You acknowledge that it is up to you to carry out sufficient virus checks and procedures to satisfy your own requirements.
4.2 Should you use a third party link to leave our site, you acknowledge that:
1) you do so at your own risk;
2) the link does not represent any endorsement by us of the services or products that are offered on that linked site; and
3) we have not produced, checked, or reviewed the content to which you link.
5. Intellectual property
5.1 All of the intellectual property rights that you find in this website, including any software, information, and tools accessed through our site, will remain vested in us.
5.2 You may not reproduce, copy, reverse engineer, modify, decompile, disassemble, communicate or transmit to the public this website, or any software, information, and tools accessed through our site.
6. Confidentiality and privacy
6.1 Any communication or material that you send to our website by email or otherwise, will be treated as non-confidential except if any part of this communication or material includes personal information as defined in any applicable privacy laws. This includes any questions, comments, suggestions or data.
6.2 We respect your privacy and we work hard to ensure your personal information is secure. Our Privacy Policy applies to any personal information that we collect from our website users.
7. Our liabilities
7.1 Subject to any applicable law:
(a) we do not offer warranties, and you have no other rights, apart from the ones that are specifically outlined in these Website Terms; and
(b) all implied rights, warranties and conditions are excluded.
7.2 Without limiting paragraph 7.1, to the extent permitted by law, we do not provide any warranty of quality, fitness for purpose, reliability, merchantability or accuracy nor accept any responsibility that arises in connection with any errors in, or omissions from, the tools, information or software made available on or by this website.
7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature,
suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.
7.5 Subject to this paragraph 7, our aggregate and total liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct damage or loss that arises from any act or omission or breach in connection with these Website Terms will not exceed the total amount that you paid for use of our website.
7,6 You understand that we use a third party to help manage our website on our behalf (Third Party Website Manager) and to the fullest extent of the law, you must not make any claims or commence any proceedings against that Third Party Website Manager in connection with your own use of our site.
8. Miscellaneous
8.1 These Website Terms outline the entire agreement between you and us and supersede all previous understandings, negotiations, agreements and representations in connection with the subject matter of these Website Terms.
8.2 If any part of our Website Terms is unenforceable, that part must be read down to the extent needed to protect its operation. If that part cannot be read down, it must be severed.
8.3 If we delay or fail to exercise or enforce these Website Terms, this does not relinquish our rights to enforce our Website Terms.
8.4 If you have any questions or feedback about our Website Terms or our site, feel free to contact us.
© 2009. All rights reserved.
Last updated: [12/8/09]