Terms & Conditions of Use of this Web Site
This Web Site (the "Site") is an online information service provided
by E. Pol & Associates Pty Ltd (the "Company"), and is subject to your
compliance with these terms and conditions set forth below.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND
CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site
and any other product or service offered for sale by the Company through the
Site. The right to use products or services by the Company is personal to you
and is not transferable to any other person or company.
The Company reserves the right to change the terms and conditions applicable
to the Site, or to impose new terms and conditions. Such modifications or
additions shall be effective immediately upon notice to each client. Notice may
be given by any reasonable means including, but not limited to, posting a
revised version of this Agreement on the Internet or notification by electronic
mail. Any use of the Site after such notice shall conclusively be deemed to
constitute acceptance by you of such modifications, additions, or deletions. You
have the responsibility to periodically review the posted terms and conditions
to be aware of such revisions.
Section 1. Use of Material, Copyright
The Company authorizes you to view, copy, and print a single copy of material
on this Site solely for your personal, non-commercial use. Special rules may
apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by the Company in a manner
consistent with all applicable local, state and federal laws and regulations. No
material shall be stored or transmitted which infringes or violates the rights
of others, which is unlawful, obscene, indecent or otherwise objectionable,
threatening, defamatory, or invasive of privacy or publicity rights. The company
prohibits conduct that might constitute a criminal offence, gives rise to civil
liability or otherwise violates any law. Any activity that restricts or inhibits
any other user from using the services of the Company is also prohibited. Unless
allowed by a written agreement, you may not post or transmit advertising or
commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material
("Material"), are protected by Australian and foreign copyright and trademark
laws. Unauthorized use of the Material may violate copyright, trademark, and
other laws. You must retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You may
not sell or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other Web site or in a
networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the
Material automatically terminates and you must immediately destroy any copies
you have made of the Material.
Section 2. Commercial Use of Material, Fees
The Company authorizes the use of textual and graphical material on this
Site for your commercial use under special circumstances and to use
such material in any publication for the fee of $500AUD + GST per copy for
printed material or $500AUD + GST per page per day for online
reproductions.
By using any graphical or textual material from this site you agree to
incur this charge and agree to be invoiced for the full amount within the
standard terms of service offerred by this company.
Section 3. The Company's Liability
The Material may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Material or about the results to be obtained from using the
Site or the Material. Use of the Site and the Material is at your own risk.
Changes are periodically made to the Site, and may be made at any time.
The Company does not warrant that the site will operate error-free or that
the site and its server are free of computer viruses and other harmful goods or
conditions. If your use of the Site or the Material results in the need for
servicing or replacing equipment or data, the Company is not responsible for
those costs.
The Site and Material are provided on an 'as is' basis without any warranties
of any kind. The company and its suppliers, to the fullest extent permitted by
law, disclaim all warranties, including the warranty of merchantability,
non-infringement of third parties rights, and the warranty of fitness for
particular purpose. The Company and its suppliers make no warranties about the
accuracy, reliability, completeness, or timeliness of the material, services,
software text, graphics, and links.
Section 4. Disclaimer of Consequential Damages.
In no event shall the Company, its suppliers, or any third parties mentioned
at the Site be liable for any damages whatsoever (including, without limitation,
incidental and consequential damages, lost profits, or damages resulting from
lost data or business interruption) resulting from the use or inability to use
the Site and the Material, whether based on warranty, contract, tort, or any
other legal theory, and whether or not the Company is advised of the possibility
of such damages.
Section 5. User Submissions.
Any communication which you post to the Site or transmit to the Company or to
the Site by e-mail or other medium can be used by the Company on a royalty-free,
perpetual, irrevocable, nonexclusive license with the right to reproduce,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicenses.
As a user of the Site, you are responsible for your own communications and
are responsible for the consequences of their posting. You must not do the
following things: post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; post material
that is obscene, defamatory, threatening, harassing, abusive hateful, or
embarrassing to another user of the Site or any other person or entity; post a
sexually-explicit image; post advertisements or solicitations of business; post
chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of the Site or endorse
any opinions expressed by users of the Site. You acknowledge that any reliance
on material posted by other users of the Site will be at your own risk.
The Company does not screen communications in advance and is not responsible
for screening or monitoring material posted by users of the Site. If notified by
a user of communications which allegedly do not conform to this agreement, the
Company may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication. The
Company has no liability or responsibility to users of the Site for performance
or non-performance of such activities. The Company reserves the right to expel
users of the Site and prevent their further access to the Site for violating
this agreement or any law or regulation, and also reserves the right to remove
communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company is not responsible for the
content of linked third-party Web sites and does not make any representations
regarding the content or accuracy of material on such third party Web sites. If
you decide to access linked third-party Web sites, you do so at your own
risk.
Section 7. Software Licenses.
All software that is made available for downloading from the Site
("Software") is protected by copyright and may be protected by other rights. The
use of such software is governed by the terms of the software license agreement
or designated "Legal Notice" accompanying such Software ("License Agreement").
The downloading and use of such Software is conditioned on your agreement to be
bound by the terms of the License Agreement.
Section 8. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice,
the aggregate liability for Company to you for all claims arising from the use
of the Materials (including Software) is limited to $100.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation, reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software) or your
violation of the terms or conditions of this agreement.
Section 10. User Information.
The Company may use the information it obtains relating to you, including
your IP address, name, mailing address, email address and use of the Site, for
its internal business and marketing purposes.
Section 11. General
The Site is based in Melbourne, Australia. The Company makes no claims that
the Materials are appropriate or may be downloadable outside of Australia.
Access to the Materials (including Software) may not be legal by certain persons
in certain countries. If you access the Site from outside of Australia, you do
so at your own risk and are responsible for compliance with the laws of your
jurisdiction. This agreement is governed by laws of Australia, without respect
to its conflict of laws principles. If any provision of this agreement is found
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
agreement, which shall remain in full force and effect. No waiver of any
term of this agreement shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in a particular "Legal
Notice" or Software License or Material on particular pages of the Site, this
agreement constitutes the entire agreement between you and the Company with
respect to the use of the Site. Any changes to this agreement must be made in
writing, signed by an authorized representative of the
Company.
