Terms & Conditions of Use v1.0
1. Acceptance of Terms of Use and Amendments.
Each
time you use or cause access to our website, you agree to be bound by
these Terms of Use, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or
through our website, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by
reference into these Terms of Use. Please see our Privacy Policy, which
is incorporated into these Terms of Use by reference.
2. Our Service.
our
website and services provided to you on and through our website are on
an "AS IS" basis. You agree that the owners of our website exclusively
reserve the right and may, at any time and without notice and any
liability to you, modify or discontinue our website and its services or
delete the data you provide, whether temporarily or permanently. We
shall have no responsibilty or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of any data or
information.
3. Your Responsibilities and Registration Obligations.
If
you are required to register for using certain parts of our website,
you agree to provide truthful information when requested, and be at
least the age of thirteen (13) or older, to register in your own name,
otherwise a parent's consent and agreement is required. When
registering, you explicitly agree to our Terms of Use and as may be
modified by us from time to time and available here.
4. Privacy Policy.
Registration
data and other personally identifiable information that we may collect
is subject to the terms of our Privacy Policy.
5. Registration and Password.
You
are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or login,
whether authorised or unauthorised by you. You agree to immediately
notify us of any unauthorised use or your registration, user account or
password.
6. Your Conduct.
You agree that
all information or data of any kind, whether text, software, code,
music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose
user account is used. You agree that our website may expose you to
Content that some may find to be objectionable or offensive. We shall
not be responsible to you in any way for the Content that appears on
our website nor for any error or omission.
You explicitly agree, in using our website or any service provided, that you shall not:
(a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt our website or
any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d)
provide or use our website and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of unauthorised advertising
without our prior written consent;
(e) provide any Content that
may give rise to our civil or criminal liability or which may
consititue or be considered a violation of any local, national or
international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets.
7. Suggestion of Designs to our website.
By providing any design suggestions to our website:
(a)
you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology known or later
developed;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7;
(c) you acknowledge and agree
that we shall have the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without
notice.
8. Third Party Services.
Goods and
services of third parties may be advertised and/or made available on or
through our website. Representations made regarding products and
services provided by third parties are governed by the policies and
representations made by these third parties. We shall not be liable for
or responsible in any manner for any of your dealings or interaction
with third parties.
9. Indemnification.
You
agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorneys fees, that may be made by any
third party, that is due to or arising out of your conduct or
connection with our website or service, your provision of Content, your
violation of this Terms of Use or any other violation of the rights of
another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU
UNDERSTAND AND AGREE THAT YOUR USE OF our website AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU
AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY,
IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY
QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow
disclaimers of implied warranties and the above disclaimer may not
apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE
COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORISED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We
reserve all of our rights, including but not limited to any and all
copyrights, designs, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our website, its content, and the
goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our website or service without our prior written consent.
13. Notification of Copyright Infringement.
If
you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted via our 'Contact
Us' page:
14. Applicable Law.
You agree
that this Terms of Use and any dispute arising out of your use of our
website or our products or services shall be governed by and construed
in accordance with local laws where the headquarters of the owner of
our website is located, without regard to its conflict of law
provisions. By registering or using our website and service you consent
and submit to the exclusive jurisdiction and venue of the city where
the headquarters of the owner of our website is located.
15. Miscellaneous Information.
(i)
In the event that this Terms of Use conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the
remainder of this Terms of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use
shall not be considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of our website or its services must be filed within one (1)
year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms
of Use and we shall be relieved of any further obligation.
Australian GST
Unless otherwise stated all pricing quoted on this website exclude Australian GST.