2) Purpose of the web site
All the information and materials, including, but not limited to, software, texts, data, graphics, pictures, sounds, videos, logos, icons or html code, (the “Content”) contained in the Company’s web site are provided for informational purposes only and shall not be construed as a commercial offer, a license or an advisory, fiduciary or professional relationship between you and the Company. No Content on this site shall be considered a substitute for your independent investigation.
The Content on this web site may be related to products or services that are not available in your country.
3) Prohibited use
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4) Interactive services
We may from time to time provide interactive services on our site, including without limitation Chatrooms, Bulletin boards, and video content forums. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5) Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the United Kingdom and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6) Suspension and termination
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7) Links to third party web sites
Links to third-party web sites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Company’s control. Thus, the Company cannot be held responsible for the Content of any linked site or any link contained therein.
You may not create on any web site a link to any page of the Company’s web site without the Company’s prior written authorization, and you acknowledge that framing the Company’s web site, or any similar process, is prohibited.
8 ) Intellectual property
This web site is protected by intellectual property rights and is the exclusive property of the Company. The Content is also protected under intellectual property law and remains the Company’s, or its third party licensors, property. You may use the Content for personal and non-commercial purposes in accordance with the principles governing intellectual property law. Any other use or modification of the Content of the Company’s web site without the Company’s prior written authorization is prohibited.
9) Warranty and liability
The Content contained in the Company’s web site is provided “as is” and without warranty of any kind to the extent allowed by applicable law. While the Company will use reasonable efforts to provide reliable Content through its web site, the Company does not warrant that this web site is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that the Content is appropriate for your particular use or up to date, and the Company reserves the right to change the Content at any time without notice. The Company does not warrant any results derived from the use of any part of the Content available on this site. You are solely responsible for any use of the Content contained in this site.
The Content contained in this site does not extend or modify any warranty that may apply to you as a result of a contractual relationship with the Company.
The Company will not be liable for any indirect, consequential or incidental damages or for any lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any part of the Content contained in this site or any linked site.
In any event (except in relation to death, personal injury or fraud as set out below), the liability of the Company for direct damages arising out of or in connection with the use, inability to use or reliance on any part of the Content contained in this site or any linked site shall not exceed the amount of AUD 100.
The Company does not exclude or limit its liability for death or personal injury caused by its negligence or for losses arising from fraud.
10) Application law – sever ability