TERMS OF USE
I. INTRODUCTION
This is important — please read
this website requires consideration for and as a condition of allowing you access.
reading and accepting the terms of use as well as the provisions of the privacy policy of this website are required considerations for allowing you access or granting you the right to visit, use, read or interact with the website.
all persons are denied access to this site unless they read and accept the terms of use and the privacy policy.
by viewing, visiting, using, or interacting with this website or with any banner, pop-up, or advertising that appears on it, you agree to all the provisions of this terms of use including the privacy policy of this website and agree to bound thereof.
all persons under the age of 18 are denied access to this website. if you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner.
this website reserves the right to deny access to any person or viewer for any reason. under the terms of the privacy policy, which you accept as a condition for accessing, the website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.
the terms of use agreement may change from time to time. visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes. however, your continued visit in our website after any change has been made will constitute binding acceptance of the change.
II. PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” and the website and its owners, administrators and/or operators, herein referred to as “the Website and/or Seller”, are parties of this agreement.
III. USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, all Visitors have no right to use any and/or all information, contents and images of this website in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website or accessing thereof, you hereby agree this condition and acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties under applicable laws. Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. Visitor agrees to a liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision, and warrants that he or she understands that accepting this provision is a condition of viewing or accessing the website and that doing such constitutes acceptance.
IV. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
All content, material, information and data in and on the website, including but not limited to graphics, text, logos, button icons, and software, is Website property and is protected by copyright laws. No content may be reproduced or used without express written permission from the Website. . Visitors have no rights whatsoever in the site content. Visitor hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the website are owned by the website, Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
V. HYPERLINKING TO AND FROM THE SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. The Website makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party sites accessible by hyperlink from the Website. Such sites are not under the control of our company (the Website) and the Website shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such third-party or external sites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party or external sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
VI. DISCLAIMER, WARRANTIES AND REPRESENTATIONS:
1.FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. The Website expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing.
We do not represent or warrant that this website or content contained herein complies with the laws of any country outside of Australia. If you reside outside Australia and access and use this website, you do so at your own risk.
2. FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The Website disclaims that access to the website will be uninterrupted or error-free. It disclaims that the Website and or server that runs the website is secure or virus-free. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
3. DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads is free of corrupting computer codes, including, but not limited to, viruses and worms. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any materials, contents or information from the website.
VII. LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of whatever kind and/or of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. In no event shall the Website be liable for any loss of profit, income or revenue by Visitor or any person, or for any other special, exemplary, punitive, consequential, incidental, indirect or economic damages incurred or suffered by Visitor or any person in relying to any product, services, information, materials, or data obtained or subscribed from the website, and/or arising or as a result of or related to viewing, visiting, using, or interacting with the Website or with any banner, pop-up, or advertising that appears on it. Visitor or any person shall hold the Website harmless from any and all claims, liabilities, damages, costs and expenses of any kind or of whatever nature.
VIII. INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
IX. SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
X. NOTICE
No additional notice of any kind for any reason is due to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
XI. DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the Commercial Arbitration Act of Australia which are in effect on the date a dispute is submitted for arbitration at the place of business of the Website.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a court trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
XII. JURISDICTION AND VENUE
If any matter concerning this Terms of Use and/or purchase of the Website’s product or service shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the website owner unless otherwise here specified. Coffs Harbour, New South Wales, 2450, Australia. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
XIII. APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller or Website Owner.
XIV. CONTACT INFORMATION
Dual Networking
P.O Box 9014, Moonee, NSW 2450, Australia