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Terms of Use
By accessing this website the user acknowledges acceptance of the following
terms and conditions of use and access ("Agreement").
The following
Agreement applies to all and any website page and or forum and or blog and or
wiki made available by TechnoCo ("Services"). TechnoCo provide access to Services on the condition
that at its sole discretion it reserves the right to cancel this access.
TechnoCo reserves the right to alter and or add to the terms and conditions of
the Agreement at any time and without prior notice.
Please take the
time to read and understand this Agreement in full before you decide whether to
use TechnoCo Services. If you do not understand any part of this Agreement then
do not accept the terms and conditions and do not use the Services. You may
only access the Services if you agree to be bound by the terms and conditions
of this Agreement AND you warrant that you are thirteen years of age or older.
In the event that you are not thirteen years of age or older then we require
you to seek permission from your parent or legal guardian to access the
Services and they must agree to the terms and conditions and also ensure you understand
and will abide by the terms and conditions of this Agreement.
1. Limited Usage
1.1 No License is granted to you in this Agreement, either expressly or
implicitly, to use any trademark, service mark, names, or logos of TechnoCo or
any other company or entity referenced herein.
1.2 TechnoCo
permits you to reproduce human readable textual information (not computer
programs) created by TechnoCo and published using the Services for the limited
purpose of use by you or within an organisation engaging your services provided
such usage is for the sole support of TechnoCo products and Services.
1.3 TechnoCo may
have incorporated intellectual property owned by others ("Third
Parties") into its products and Services. Upon accepting the terms of this
Agreement your agree to be bound by the terms and conditions of Third Parties
whose terms and conditions shall be published according to place of access of
relevant product and or service.
1.4 TechnoCo own
all customer data collected through the Services. TechnoCo abides by its
Privacy Statement in relation to this data. We advise that you read the Privacy
Statement AND the privacy statement of any relevant Third Parties.
2. Restrictions
on Use
2.1 You may not adapt, alter, modify, translate, or create derivative works of
the Services without the express written permission of TechnoCo.
2.2 You may not
block, disable or otherwise affect any advertising, advertisement banner
window, links to other sites and services, or other features that constitute an
integral part of the Services.
2.3 You may not
register with and log on and off the Services, locate users, or send messages
through the TechnoCo Services except through the normal use of the Services as
provided for by this Agreement.
2.4 You may not
collect or solicit names, display names, email addresses, passwords or any
other personal information from the Services.
2.5 You may not
authorize or assist any third party to breach any of the terms in this
Agreement.
3. Service Usage
3.1 You represent and warrant that you will use the Services only for lawful
purposes and in accordance with this Agreement, and that you will not use the
Services to violate any law, regulation or ordinance or any right of TechnoCo
or any third party, including but not limited to, any right of privacy,
publicity, copyright or trademark.
3.2 You take full
responsibility for your conduct whilst using the Services and agree to use
common sense and abide by basic etiquette when using the Services. You
acknowledge that TechnoCo, its officers, directors, employees and agents are
not responsible for any content distributed by you through the Services.
TechnoCo disclaims any responsibility or liability arising from your use of the
Services.
3.3 You agree to
respect the intellectual property of others and agree not to infringe the
patent, trademark, trade secret, copyright or other intellectual.
3.4 You agree to
limit any contribution made by you, textual or otherwise, to that which is
strictly relevant to the nature of the business of TechnoCo AND where existing,
the nature of the relevant topic to which you may be contributing, for example
within a forum thread or blog.
4 Service
Content
4.1 TechnoCo attempts to ensure that information created and published by
TechnoCo (not by others using a TechnoCo Service) was accurate at the time of
release but nowithstanding this information is provided .AS IS. inclusive of
any fault and without warranty of any nature, either express or implied.
Neither TechnoCo, its officers, directors, employees, agents or distributors
shall be liable for any indirect, incidental, consequential, special, or
exemplary damages, including but not limited to lost profits and lost data, in
any way arising out of or relating to the use of product and or Services. Where
the exclusion or limitation of liability for consequential or incidental
damages is not permitted by law, TechnoCo's liability shall be limited to the
extent permitted by law.
5. Termination
5.1 Should you breach any of the terms of this Agreement, your right to use the
Services may be terminated immediately and without notice.
5.2 TechnoCo may at
any time cease to provide the Services or any part thereof, without prior
notice.
5.3 You may terminate
this Agreement by simply discontinuing use of the Services.
5.4 In the event of
any termination of this Agreement, the restrictions on your use of the Services
shall survive such termination, and you agree to be bound by those terms.
6. Support
6.1 You acknowledge that assistance in using the Services is limited to the
information posted on Services, TechnoCo web site and other support services,
if any, provided by TechnoCo.
7. Privacy and
Security
7.1 You acknowledge that through using public access and the Internet, the
Service is subject to various security and privacy issues and that by using the
Services you are subject to various risks, including but not limited to:
i Exposure to
objectionable material and/or parties that may also include without limitation,
contaminated files.
ii Unauthorised
invasion of your privacy during, or as a result of, your use or another user's
use of the system.
iii Spoofing,
eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud,
forgery, "imposturing", electronic trespassing, tampering, hacking,
nuking, system contamination including without limitation use of viruses worms
and trojans causing unauthorized, damaging or harmful access and/or retrieval
of information and data on your computer and other forms of activity that may
be considered unlawful.
iv Unauthorised
exposure of information and material you listed or sent, on or through the
Services, to other users, the general public or any other specific entities for
which the information and material was not intended by you.
7.2 Notwithstanding
the risks in paragraph 7.1 above, TechnoCo will abide by its Privacy
Statement and undertake its best endeavors to reduce the above risks and
prevent them occurring. Due to the nature of the Internet, TechnoCo does not
provide any guarantees that the above and or like risks will not occur and
TechnoCo does not accept liability where they do occur.
7.3 If you do not
wish to be subjected to these risks, you are advised not to use the Services.
7.4 You are advised
that the Services must not be used for purposes you consider Private and or
Confidential, that you do not wish to be publicly accessible.
7.5 You agree that
TechnoCo is not required to monitor, control, archive or endorse the content
distributed by users, including but not limited to text messages and voice
communications.
7.6 TechnoCo
reserves the right at all times to disclose necessary information concerning
your use of the Service, without prior notification, to satisfy any applicable
law, regulation, legal process or governmental request.
7.7 You acknowledge
that your online status depicted by any online status indicator, your TechnoCo
Display Name, first and last names are available to and may be seen and used by
all other users of the Services.
7.8 You acknowledge
that use of the Services may expose you to links to websites, forums, blogs etc
under the control of third parties (.3rd Party Services.) and not
TechnoCo and that you access these 3rd Party Services solely at your
own risk. TechnoCo is in no way responsible for the reliability and accuracy of any
information, opinion, statement, view, advice, terms of use or privacy
practices of 3rd Party
Services. TechnoCo provides these links in good faith but does not review and
or endorse any aspect of 3rd Party Services.
8. Changes to
Services
8.1 TechnoCo reserves the right to amend this Agreement.
8.2 TechnoCo may at
its sole discretion at any time, modify or discontinue the provision of the
Services without prior notification to you.
8.3 TechnoCo may at
its sole discretion at any time terminate or suspend your use of the Services
without prior notification to you.
9 Disclaimer
9.1 Unless legally incapable of exclusion, the Services are provided "as
is" without warranties of any kind, either express or implied, including
but not limited to warranties that the Services are:
i Free of defects
or errors
ii Virus free
iii Able to meet
any requirements of you or anyone else
iv Able to operate
on an uninterrupted basis
v Merchantable
vi Fit for a
particular purpose
vii Non-infringing.
9.2 You acknowledge
that TechnoCo has no control over the content supplied by others and to which
you may be exposed whilst using the Services and you assume full responsibility
for the risks of using the Services.
10 Service
Access
10.1 TechnoCo provides no pledge, guarantee and or warranty as to the
availability and accessibility of the Service. Nor will TechnoCo be held
accountable for any problems experienced by users when attempting to access and
or use the Service
11 Limitation of
Liability
11.1 If any TechnoCo product and or Service is found to be defective TechnoCo
will rectify the defect at its sole discretion. TechnoCo's liability is limited
to this only.
11.2 Neither
TechnoCo, its officers, directors, employees, agents or distributors shall be
liable for any indirect, incidental, consequential, special, or exemplary
damages, including but not limited to lost profits and lost data, in any way
arising out of or relating to the use of product and or Services. Where the
exclusion or limitation of liability for consequential or incidental damages is
not permitted by law, TechnoCo's liability shall be limited to the extent
permitted by law.
12 Injunctive
Relief
12.1 Disclosure or misuse of any of TechnoCo's proprietary and confidential
information contained in or relating to product and or Services will give rise
to irreparable injury to TechnoCo that would be inadequately compensated for in
damages alone. Accordingly, TechnoCo may seek and obtain injunctive relief
against the breach or threatened breach of the aforementioned undertakings, in
addition to any other legal remedies that may be available.
13 Construction
13.1 If any part of this Agreement is held to be invalid or unenforceable, that
portion shall be construed to reflect the parties' original intent, and the
remaining portions remain in full force and effect. This Agreement is governed
by the laws of the State of Victoria, Australia and you expressly agree that
jurisdiction for any claim or dispute arising from the use of product and or
Services resides in the National and State courts of the State of Victoria,
Australia.
13.2 Reference to:
(a) one gender includes
the other genders;
(b) the singular includes the plural and vice versa;
(c) a Party includes the Party's executors, administrators, successors and
permitted assigns; and
(d) a statute, regulation or provision of a stature or regulation
("Statutory Provision") includes:
(1) that Statutory Provision as amended
or re-enacted from time to time; and
(2) a statute, regulation or provision enacted in replacement of that Statutory
Provision.
13.3 Headings are
for convenience only and do not affect the interpretation, or form part of this
Agreement.
13.4
"Including" and similar expressions are not words of limitation.
13.5 Where a word
or expression is given a particular meaning, other parts of speech and
grammatical forms of that word or expression have a corresponding meaning.
13.6 References to
Dates and Times are made in respect of Australian, East Coast time.
13.7 The terms of
this Agreement may not be amended or modified by you. TechnoCo reserves the
right to transfer, assign, sublicense or pledge in any manner whatsoever any of
its rights or obligations under this Agreement to a subsidiary, affiliate,
successor thereof or any third party whatsoever, without notifying you or
receiving your consent.
14 Notices
14.1 Any notice given by TechnoCo in connection with this Agreement shall be in
writing and shall be delivered by email to the email address provided by the
user at the time of registration or as appropriately modified by the user
subsequent to registration.
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