The material on the Website is copyright © 2014 Twigley Enterprises Pty Ltd (ACN 129 558 372).
1.Use of material on the Website (Generally)
1.1 Except for the limited use set out in clause 1.2 you may not use the Website, or the material contained on it, for any purpose. This includes:
(1.a) the reproduction of the content and / or material in any material form;
(1.b) the distribution of the content and / or material in any material form;
(1.c) re-transmission of the content and / or material by any medium of communication;
(1.d) uploading and/or reposting of the content and / or material to any other site on the WWW;
(1.e) “framing” of the content and / or material on the Website with other material on any other WWW site.
1.2 Notwithstanding the above restrictions on use of the material on the Website, you may view and 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.
1.3 You may not modify or copy:
(3.a) the layout of the Website; or
(3.b) any computer software and code contained in the Website.
1.4 The Owner reserves all intellectual property rights including, but not limited to, copyright in all of the content and / or material and/or services provided by it. The of the content and / or material provided on the Website is provided for personal use only and may not be:
(4.a) re-sold and/or re-distributed in any material form;
(4.b) stored in any storage media; and/or
(4.c) re-transmitted in any media, without the prior written consent of the Owner.
2. Links to other websites
2.1 The Website contains (or may contain) links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
2.2 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 necessarily imply any endorsement by the Owner of the linked site; and
(b) is not responsible for the material contained on those linked sites.
3. Information published by others and you
3.1 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.
4. Disclaimer 1
4.1 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;
(b) merchantability or fitness for any particular purpose or use for any service or product contained or referred to on the Website and/or on any linked sites.
4.2 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:
(2.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
(2.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.
5. Disclaimer 2
5.1 The Owner does not warrant, guarantee or make any representation that:
(1.a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(1.b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(1.c) errors and defects in the Website will be corrected.
5.2 The Owner is not liable to you for:
(2.a) errors or omissions in the Website, or linked sites on the WWW;
(2.b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(2.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.
5.3 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.
6. Limitation of liability
Clause 4 (Disclaimer 1) and/or clause 5 (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:
(1.a) if the breach of an implied warranty or condition relates to services:
(1.a.i) the supply of the services again; or
(1.a.ii) the payment of the cost of having the services supplied again; and
(1.b) if the breach of an implied warranty or condition relates to goods:
(1.b.i) the replacement of the goods or the supply of equivalent goods;
(1.b.ii) the repair of such goods; or
(1.b.iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
7. Use of information gathered
The Owner and/or people authorised by it may gather and process 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.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, the Owner, the Owner’s officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
(1.a) your use of and access to the Website;
(1.b) your violation of the Owner’s intellectual property rights;
(1.c) your violation of any third party right, including any copyright, property, or privacy right;
9. Termination of access
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.
(1.a) with or without further notice to you; and
(1.b) without giving you any explanation or justification for such change.
Any notice to be given by you to the Owner shall be sent to the Owner’s address that appears on the Website, or as otherwise notified to you by the Owner. No notice shall be deemed to be given until it is actually received at such address.
13. Severability and relevant jurisdiction