Introduction
These terms and conditions govern your use of this website; by using
this website, you accept these terms and conditions in full. If
you disagree with these terms and conditions or any part of these
terms and conditions, you must not use this website. You must be at
least 13 years of age to use this website. By using this website
and by agreeing to these terms and conditions you warrant and
represent that you are at least 13 years of age.
This website uses cookies. By using this website and agreeing to
these terms and conditions, you consent to our 043 Split
Installations Pty Ltd use of cookies in accordance with the terms of
043 Split Installations Pty Ltd.
License to use website
Unless otherwise stated, 043 Split Installations Pty Ltd and/or its
licensors own the intellectual property rights in the website and
material on the website. Subject to the license below, all these
intellectual property rights are reserved. You may view, download
for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and
elsewhere in these terms and conditions.
You must not:
·
republish
material from this website (including republication on another
website);
·
sell, rent
or sub-license material from the website;
·
show any
material from the website in public;
·
reproduce,
duplicate, copy or otherwise exploit material on this website for a
commercial purpose;
·
edit or
otherwise modify any material on the website; or
·
redistribute material from this website except for content
specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it
may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause,
damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send,
use, publish or distribute any material which consists of (or is
linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website
without 043 Split Installations Pty Ltd express written consent. You must
not use this website to transmit or send unsolicited commercial
communications. You must not use this website for any purposes
related to marketing without 043 Split Installations Pty Ltd express written
consent.
Restricted access
Access to certain areas of this website is restricted. 043
Split Installations Pty Ltd reserves the right to restrict access to areas of this
website, or indeed this entire website, at 043 Split Installations
Pty Ltd
discretion. If 043 Split Installations Pty Ltd provides you with a user ID
and password to enable you to access restricted areas of this
website or other content or services, you must ensure that the user
ID and password are kept confidential. 043 Split Installations
Pty Ltd may
disable your user ID and password in 043 Split Installations Pty Ltd sole
discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material
(including without limitation text, images, audio material, video
material and audio-visual material) that you submit to this website,
for whatever purpose. You grant to 043 Split Installations Pty Ltd a
worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute your user
content in any existing or future media. You also grant to 043
Split Installations Pty Ltd the right to sub-license these rights, and the
right to bring an action for infringement of these rights. Your user
content must not be illegal or unlawful, must not infringe any third
party's legal rights, and must not be capable of giving rise to
legal action whether against you or 043 Split Installations Pty Ltd or a
third party (in each case under any applicable law).
You must not submit any user content to the website that is or has
ever been the subject of any threatened or actual legal proceedings
or other similar complaint. 043 Split Installations Pty Ltd reserves the
right to edit or remove any material submitted to this website, or
stored on 043 Split Installations Pty Ltd servers, or hosted or published
upon this website. Notwithstanding 043 Split Installations Pty
Ltd rights
under these terms and conditions in relation to user content, 043
Split Installations Pty Ltd does not undertake to monitor the submission of
such content to, or the publication of such content on, this
website.
No warranties
This website is provided “as is” without any representations or
warranties, express or implied. 043 Split Installations Pty
Ltd makes no
representations or warranties in relation to this website or the
information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, 043
Split Installations Pty Ltd does not warrant that:
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this website will be constantly available, or available at all; or
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the information on this website is complete, true, accurate or
non-misleading.
Nothing on this website constitutes, or is meant to constitute,
advice of any kind. If you require advice in relation to any
[legal, financial or medical matter you should consult an
appropriate professional.
Limitations of liability
043 Split Installations Pty Ltd will not be liable to you (whether under the
law of contact, the law of torts or otherwise) in relation to the
contents of, or use of, or otherwise in connection with, this
website:
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to the extent that the website is provided free-of-charge, for any
direct loss;
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for any indirect, special or consequential loss; or
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for any business losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, or loss or corruption of information
or data.
These limitations of liability apply even if 043 Split
Installations Pty Ltd has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any
warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit
043 Split Installations Pty Ltd liability in respect of any:
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death or personal injury caused by 043 Split Installations Pty Ltd
negligence;
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fraud or fraudulent misrepresentation on the part of 043 Split
Installations Pty Ltd; or
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matter which it would be illegal or unlawful for 043 Split
Installations Pty Ltd to exclude or limit, or to attempt or purport to
exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations
of liability set out in this website disclaimer are reasonable. If
you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, 043 Split
Installations Pty Ltd has an interest in limiting the personal liability of
its officers and employees. You agree that you will not bring any
claim personally against 043 Split Installations Pty Ltd officers or
employees in respect of any losses you suffer in connection with the
website.
Without prejudice to the foregoing paragraph, you agree that the
limitations of warranties and liability set out in this website
disclaimer will protect 043 Split Installations Pty Ltd officers, employees,
agents, subsidiaries, successors, assigns and sub-contractors as
well as 043 Split Installations Pty Ltd.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify 043 Split Installations Pty Ltd and undertake to keep
043 Split Installations Pty Ltd indemnified against any losses, damages,
costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by 043 Split Installations Pty Ltd to a third
party in settlement of a claim or dispute on the advice of 043 Split
Installations Pty Ltd legal advisers) incurred or suffered by 043
Split Installations Pty Ltd arising out of any breach by you of any provision of
these terms and conditions, or arising out of any claim that you
have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to 043 Split Installations Pty Ltd other rights under
these terms and conditions, if you breach these terms and conditions
in any way, 043 Split Installations Pty Ltd may take such action as
043 Split Installations Pty Ltd deems appropriate to deal with the breach,
including suspending your access to the website, prohibiting you
from accessing the website, blocking computers using your IP address
from accessing the website, contacting your internet service
provider to request that they block your access to the website
and/or bringing court proceedings against you.
Variation
043 Split Installations Pty Ltd may revise these terms and conditions from
time-to-time. Revised terms and conditions will apply to the use of
this website from the date of the publication of the revised terms
and conditions on this website. Please check this page regularly to
ensure you are familiar with the current version.
Assignment
043 Split Installations Pty Ltd may transfer, sub-contract or otherwise deal
with 043 Split Installations Pty Ltd rights and/or obligations under these
terms and conditions without notifying you or obtaining your
consent. You may not transfer, sub-contract or otherwise deal with
your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any
court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any
unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to
be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, constitute the entire agreement between
you and 043 Split Installations Pty Ltd in relation to your use of this
website, and supersede all previous agreements in respect of your
use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in
accordance with Australian law, and any disputes relating to these
terms and conditions will be subject to the exclusive jurisdiction
of the courts of Australia.
Credit
to…
Our thanks goes out to Freenetlaw for the template to our
terms of use. You can find them at
http://freenetlaw.com
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