Current as of 3 January 2012
This Website (referred to in these Terms of Access as the "Website")
is owned and operated by CyberGuru on the World Wide Web ("WWW").
The material on the Website is copyright © 1997-2012 CyberGuru and/or
other copyright owners.
The Website is available for you to:
(a) Access conditional on your acceptance without alteration of the
terms and conditions set out below/on this linked page. By continuing to
access the Website you are agreeing to the terms and conditions set out
below in Pt A [on this linked page to Pt A paras A-U].
(b) Provide information conditional on your acceptance without
alteration of the terms and conditions set out below/on this linked
page. By continuing to provide information about your product or service
you are agreeing to the terms and conditions set out below in Pt B [on
this linked page to Pt B paras 1-8].
Part A – Use of material on the Website
A. Except for the limited use set out in para B you may not use the
Website, or the material contained on it, for any purpose. This
involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the
WWW;
(e) "framing" the material on the Website with other material on any
other WWW site.
The above are unlawful in any jurisdiction and are specifically
prohibited by these Terms of Access.
B. Notwithstanding the above restrictions on use of the material on
the Website, you may download material from the Website for your
personal non-commercial use provided you do not remove any copyright and
trade mark notices contained on the material.
C. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
D. The Owner reserves all intellectual property rights, including,
but not limited to, copyright in material and/or services provided by
it. The material provided on the Website is provided for personal use
only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of the Owner.
Links to other Websites
F. The Website contains links to sites on the WWW owned and operated by
third parties and which are not under the control of the Owner.
G. In relation to the other sites on the WWW, which are linked to the
Website, the Owner:
(a) provides the links to other sites as a convenience to you and the
existence of a link to other sites does not imply any endorsement by the
Owner of the linked site; and
(b) is not responsible for the material contained on those linked sites.
Disclaimer 1
H. The Owner is making the Website available for others to publish
information without assuming a duty of care to users. The Owner is not
in the business of providing professional advice and gives no warranty,
guarantee or representation about the accuracy, reliability or
timeliness or otherwise, of the information contained on the Website
and/or linked sites on the WWW.
I. To the full extent permitted by law the Owner disclaims any and all
warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any
information contained or referred to on the Website and/or of any linked
sites; and
(b) merchantability or fitness for any particular purpose for any
service or product contained or referred to on the Website and/or on any
linked sites.
J. The Owner will not be liable under any circumstances for any loss of
profits or any damages of any kind recognised by law (even if it has
been advised of the possibility of such loss of profits or damages)
which are the consequence of you:
(a) acting, or failing to act, on any information contained on or
referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service
or product contained or referred to on the Website and/or any linked
sites.
Disclaimer 2
K. The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW
are free of software viruses;
(b) the functions contained in any software contained on the Website
will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
L. The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in
the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or
independent contractors, or through any other cause.
M. You agree to accept the full cost of any necessary repair, correction
and maintenance of any of your computer software or hardware, which may
be necessary as a consequence of you accessing the Website.
Limitation of liability
N. Disclaimer 1 and/or Disclaimer 2 may not apply to you in
jurisdictions in which limitations on or exclusions of warranties or
liabilities are not permitted by law. To the full extent permitted by
law the Owner’s liability for any implied warranty or condition is
limited, at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring
equivalent goods, or having the goods repaired.
Use of information gathered
O. The Owner and/or people authorised by it may gather and process the
information:
(a) which you may provide when accessing the Website, such as your name,
address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without
limitation, information acquired through the use of "cookies" programmed
during the accessing of the Website.
P. The Owner may authorise others to offer you goods and services using
the information acquired through (a) and (b) above.
Termination of access
Q. The Owner may terminate access to the Website at any time without
giving any explanation or justification for the termination of access,
and the Owner has no liability for any costs, losses or damages of any
kind arising as a consequence of terminating access to the Website.
Alteration of Terms of Access
R. The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
Relevant jurisdiction
S. You agree to the jurisdiction of the courts of Australia to determine
any dispute arising out of this Agreement.
T. If any part of this Agreement is found to be void, unlawful, or
unenforceable then that part will be deemed to be severable from the
balance of this Agreement and the severed part will not affect the
validity and enforceability of any remaining provisions.
U. This Agreement will be governed by and interpreted in accordance with
the law of Australia, without giving effect to any principles of
conflicts of laws.
Part B – Terms and conditions relating to the providing of
information about your product or service
Uploading information
A. You represent and warrant in relation to any material and/or
information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious
falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the "passing off" of any
product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual
property right including, but not limited to, trade marks, service marks
or business names (whether registered or unregistered), confidential
information and copyright; and
(e) the material and/or information does not infringe any legislation or
regulations of the Commonwealth of Australia including, but not limited
to, the Trade Practices Act 1974 (Cth) and the equivalent state and
territory legislation and any other parliament competent to legislate in
relation to the Website or any law in any country where the material
and/or information is or will be available electronically to users of
this Website.
Licence to use intellectual property
B. By uploading any material which is intellectual property including,
but not limited to, copyrighted works, trade marks and service marks
(the "intellectual property") on to the Website, you are granting the
Owner a perpetual, non-exclusive and payment-free licence throughout the
world to:
(a) reproduce, use and exploit the intellectual property, as part of the
Website, to the full extent permitted by intellectual property law in
any jurisdiction in which the Website is available to users; and
(b) allow the Owner to sub-licence others the same rights granted to the
Owner in (a) above.
Removal of information
C. In relation to any material and/or information included on the
Website, the Owner may remove any material and/or information, including
but not limited to links to other sites on the WWW, at any time without
giving any explanation or justification for removing the material and/or
information.
Limit of liability
D. The Owner and its respective officers, employees and agents have no
liability for any costs, losses or damages of any kind, which you may
incur, arising whether directly or indirectly. This applies in relation
to or in connection with any material and/or information supplied in
respect of advertising on this Website; and as a consequence of removing
any material and/or information from this Website.
Indemnity
E. You will at all times indemnify and keep indemnified the Owner and
its respective officers, employees and agents (in this para 4 referred
to as "those indemnified") from and against any loss (including
reasonable legal costs and expenses) or liability incurred by any of
those indemnified arising from any claim, demand, suit, action or
proceeding by any person against any of those indemnified where such
loss or liability arose out of, in connection with or in respect of any
breach of this Agreement by you; and publication of or distribution of
the material and/or information supplied by you.
Relevant jurisdiction
F. If any part of this Agreement is found to be void, unlawful, or
unenforceable then that part will be deemed to be severable from the
balance of this Agreement and the severed part will not affect the
validity and enforceability of any remaining provisions.
G. This Agreement will be governed by and interpreted in accordance with
the law of the Australia, without giving effect to any principles of
conflicts of laws.
H. You agree to the jurisdiction of the courts of the Australia to
determine any dispute arising out of this Agreement.
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