1. We agree to provide you access to Our
Site in accordance with the Terms of Use.
2. You agree to use Our Site in a manner
consistent with any and all applicable rules and
regulations.
3. You accept that Our Site is provided
on an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED
BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO
SUBSTITUTE FOR SPECIFIC ADVICE.
5. We may for marketing purposes
collect, process and transmit data obtained from and
about you in the course of your accessing our
site.
6. Subject to the above, you may not
modify, copy, distribute, republish or upload any of the
material on our Site without our prior consent in
writing. No intellectual property or other rights shall
be transferred to you.
7. To the extent that portions of our
Site (such as "chat rooms" or "bulletin boards") may
provide users an opportunity to post and exchange
information, ideas and opinions ("Postings"), BE ADVISED
THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO
THEIR APPEARANCE ON THIS WEB SITE, and Postings do not
necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all
responsibility and liability for the Postings or for any
losses or expenses resulting from their use and/or
appearance on our Site.
8. To the fullest extent permitted by
applicable laws, we on behalf of our employees, agents,
suppliers, and contractors exclude liability for any
losses and expenses of whatever nature and howsoever
arising, including without limitation any direct,
indirect, special, punitive, or consequential damages,
loss of use, loss of data, loss caused by a virus, loss
of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or
character, even if we has been advised of the
possibility of such damages or losses, arising out of or
in connection with the use of this our site, products
from our site or any web site with which it is linked.
You assume total responsibility for establishing such
procedures for data back up and virus checking as you
consider necessary.
9. We reserve the right to monitor all
materials posted on any bulletin board on our sites
(“Postings”) and to remove any which we consider in our
absolute discretion to be offensive or otherwise in
breach of these Terms of Use.
10. You hereby represent and warrant
that you have all necessary rights in and to all
Postings you provide and all material they contain and
that such Postings shall not infringe any proprietary or
other rights of third parties.
11. Where we may provide hypertext links
to other sites we do so for information purposes only,
and such links are not endorsements by us of any
products or services in such sites and we accept no
liability nor make any endorsement or approval of the
same.
12. The Terms of Use contain the entire
understanding between us with respect of Our Site and no
representation, statement, inducement oral or written,
not contained herein shall bind either of us.
13. Should any part of the Terms of Use
be declared invalid or unenforceable by a court of
competent jurisdiction, this shall not affect the
validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the
invalid portion of the Terms of Use had been eliminated.
14. Any other disputes will be resolved
as follows:
If a dispute arises under this
agreement, we agree to first try to resolve it with the
help of a mutually agreed-upon mediator in the following
location: Sydney, Australia. Any costs and fees other
than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration at
the following location: Sydney, Australia under the
rules of the Trade Practices Assocation. Judgment upon
the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.