Terms
of Use Agreement
Welcome
to our site. We maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not review
information or obtain goods or products from this site.
1.
Acceptance of Agreement . You agree to the terms
and conditions outlined in this Terms of Use Agreement (“Agreement”)
with respect to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2.
Copyright . The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right
in such information and materials.
3.
Limited Right to Use . The viewing, printing or
downloading of any content, graphic, form or document from the Site
grants you only a limited, nonexclusive license for use solely by
you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
4.
Editing, Deleting and Modification . We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
5.
Indemnification . You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
6.
Nontransferable . Your right to use the Site is
not transferable. Any password or right given to you to obtain information
or documents is not transferable.
7.
Disclaimer and Limits . THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
All
responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES
OR INFORMATION.
8.
Use of Information . We reserve the right, and you
authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
9.
Third-Party Services . We allow access to or advertise
third-party merchant sites (“Merchants”) from which you may purchase
certain goods or services. You understand that we do not operate
or control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10.
Third-Party Merchant Policies . All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
11.
Privacy Policy . Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.
12.
Payments . You represent and warrant that if you
are purchasing something from us or from Merchants that (i) any
credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
13.
Securities Laws . This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
“anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
14.
Links to other Web Sites . The Site may contain
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
15.
Copyrights and Copyright Agents . We respect the
intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
(a)
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b)
A description of the copyrighted work that you claim
has been infringed;
(c)
A description of where the material that you claim is
infringing is located on the Site;
(d)
Your address, telephone number, and email address;
(e)
A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
(f)
A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Our
Copyright Agent for Notice of claims of copyright infringement on
the Site is Stephen Dadson who can be reached as follows:
By mail:
Stephen
Dadson
CopyrightAgent
PO Box 6515
Upper Mt Gravatt, QLD 4122
Australia
By phone: +61 (0)408 751 727
By
email: click
here
17.
Refund Policy . If your purchase is not received
within 5 weeks from the day of the purchase you are entitled to
a full refund unless otherwise agreed. This Section 17 sets forth
your sole and exclusive right to refund.
18.
Information and Press Releases . The Site contains
information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided
or endorsed by us.
19.
Miscellaneous . This Agreement shall be treated as
though it were executed and performed in Australia (without regard
to conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, products or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and Section 10.
The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought
solely in Australia . You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and
the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision.
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