Legal
Using this
website
You must read and agree to these conditions before making any
other use of the site. If you do not agree to these conditions,
you must not use the site. By making use of the site, you accept
and agree to be bound by these conditions.
These conditions apply to all use of the site including use of
sections which are subject to additional specific conditions.
Your use of any section of the site which is subject to specific
conditions, subject to your prior acceptance of those specific
conditions.
Warranties/accuracy of data
The Corporation's website provides information on an "as is"
basis. Subject to any non-excludable rights, all express or
implied conditions or warranties of any kind (including but not
limited to the implied warranties of merchantability, fitness
for a particular purpose, freedom from contamination by computer
viruses and non-infringement of proprietary rights) are
excluded.
Disclaimer
Although information prepared and acknowledged by the
Corporation has been produced and processed from sources
believed to be reliable, subject to any non-excludable rights no
express or implied warranty is made regarding the accuracy,
adequacy, currency, suitability, completeness, legality,
reliability or usefulness of any information.
This disclaimer applies to both isolated and aggregate uses of
the information. If you find any errors or omissions, please
report them to the Corporation's Web Administrator.
Liability
Subject to any non-excludable rights, use of the site is
entirely at your own risk. In no event will the Corporation be
liable for any damages whatsoever (including, without
limitation, direct, indirect, punitive, special, consequential
damages, lost profits, lost data or business interruption)
arising out of the use, inability to use, or the results of use
of the site, or arising from your purchase or inability to
purchase any goods or services promoted on the site, whether
based on contract, tort, statute, common law, equity or any
other legal theory and whether or not advised of the possibility
of such damages.
Without limitation, this exclusion of liability applies to any
damages or injury, including but not limited to those caused by
any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or
unauthorised access to, alteration of, or use of any material.
If circumstances arise where you are entitled to claim damages
from the Corporation notwithstanding the provisions of these
conditions (for example, pursuant to any non-excludable rights),
the Corporation's liability to you for the aggregate of such
claims (regardless of the basis on which you are entitled to
claim from the Corporation) is limited to the provision of the
information, products or services again or payment of the cost
of providing the information, products or services again (at the
Corporation's election).
Indemnification
You must indemnify the Corporation and the hosts, operators,
developers of and contributors to the site and keep each of them
indemnified against all claims, liabilities, expenses (including
legal fees on a solicitor-client basis) or losses that may be
made against or sustained by any of them arising from your
breach of these conditions or otherwise howsoever from or in
connection with your use of the site.
Third
party material
The site may include content or references supplied by users or
other third parties (“third party material”). The Corporation
does not monitor and accepts no liability for third party
material.
Any opinions, advice, statements, services, offers or other
information contained in third party material, is the
responsibility of the respective author(s), distributor(s) or
providers of that third party material.
The Corporation makes no representation and gives no endorsement
of the accuracy, adequacy, currency, suitability, completeness,
legality, reliability or usefulness of the content of any third
party material or the identity, knowledge or qualifications of
any third party material provider.
Your access to and reliance on third party material is entirely
at your own risk.
References in third party material to any specific products,
process, or service by trade name, trademark, manufacturer, or
otherwise, does not constitute or imply its sponsorship,
endorsement or recommendation by the Corporation, and such
references shall not be used for advertising or product
endorsement purposes.
Links
to third party web sites
Links to third party web sites from the site are provided solely
as a convenience to you. The Corporation makes no representation
as to the intellectual property rights of any material available
on the linked third party web sites and accepts no
responsibility for any broken or redirected links.
The presence of such links should not be taken to imply any type
of association, sponsorship, endorsement, monitoring, approval
of, or responsibility for, the linked third party web site or
its content.
The Corporation does not review and monitor any linked third
party web sites and neither the Corporation nor its contributors
are responsible for the contents, accuracy, adequacy, currency,
suitability, completeness, legality, reliability or usefulness
of any material on any third party web site.
It is your responsibility to evaluate the content and usefulness
of information obtained from other sites. Your access to and
reliance on any third party web site is entirely at your own
risk.
Inappropriate content
You acknowledge that neither the Corporation nor the hosts,
operators or developers of the site are liable for defamatory,
offensive, illegal or inappropriate content available at the
site or accessed from the site and that the risk of injury from
such content rests entirely with you.
You must not email, post or submit any defamatory, offensive,
illegal or inappropriate material or any material containing a
virus, worm, Trojan horse or other code that manifests
contaminating or destructive properties.
Viruses
The Corporation cannot and does not guarantee or warrant that
any files available for downloading through the site will be
free of infection or viruses, worms, Trojan horses or other code
that manifests contaminating or destructive properties.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for virus
detection, accuracy of data input and output and for maintaining
an appropriate means for the reconstruction of any lost data.
Links
from other sites to this site
Other sites may only link to the site with the Corporation's
prior written permission. Any site that links to the site:
Must link to the Corporation's home page
Must not replicate site content
Must not create a browser or border environment around site
content
Must not imply any endorsement by the Corporation
Must not misrepresent its relationship with the Corporation
Must not present false information about the Corporation's
products
Must not use the Corporation's name or logos without prior
written permission.
Security and availability
There are many inherent risks involved in operating a web site
and transmitting information over the Internet. Unauthorised
access and faults in computer systems and networks can and do
occur which may result in the interception, corruption,
alteration, non-delivery, incorrect delivery or loss of
information transmitted over the Internet.
Consequently, the Corporation is unable to warrant that the site
will be free from such risks or that your use of the site will
be uninterrupted or error free.
Copyright
The Corporation or third parties own and retain the copyright
and other intellectual property rights in the materials found at
the site including without limitation web pages, documents,
text, designs, graphics, audio and video.
Unless otherwise expressly stipulated by the Corporation, you
may only use the site for your personal use and may not print or
make an electronic copy of information available on the site.
You must not sell or otherwise commercially exploit any
information made available at the site. You must ensure that all
copyright notices are retained in any material copied from the
site.
Subject to this limited right to view materials, you must not
use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any materials
from the site in whole or in part without the Corporations prior
written permission.
If you breach any of these conditions, then (without limiting
your other liabilities) your authorisation to use the site
automatically terminates and you must immediately destroy any
downloaded or printed materials. If it is hosted on a website,
the website must be shut down. Failure to do so will instigate
immediate legal action. Further action will be taken under the
Copyright and Trade Practices Act, and you will be made to pay
penalties/royalties to the Copyright owner for using the
Intellectual Property without written permission.
By submitting any material to the site or to the Corporation in
connection with your use of the site, you thereby assign all
intellectual property rights in that material to the
Corporation. You must not submit material to the site if a third
party has any intellectual property rights in that material.
Sale of goods or services
Unless otherwise stipulated by the Corporation, any sale of
goods or services from the site is subject to the following
conditions:
Fulfillment - The Corporation will endeavor to provide
excellent, accurate and fast fulfillment of any orders placed
using the site. However, the Corporation is not liable for
delays caused by suppliers, postal and courier companies or any
other circumstances.
Currency - All transactions are in Australian dollars. If any
amounts are shown in other currencies these are only indicative
and may vary due to exchange rate variations at the actual time
of transaction.
Credit card use – If credit card payment is facilitated by the
site, the Corporation undertakes to use credit card details only
as specified by you in relation to purchases made on the site.
Illegal use of credit cards is a serious crime. The Corporation
will report any suspicious activity and disclose all relevant
evidence to credit card companies and law enforcement
authorities.
Identity fraud - You must not impersonate any person or entity
or enter a fictitious name or purport to be authorised to
represent any entity if that entity has not authorised you to do
so in connection with your use of the site.
Errors in description or pricing – Errors may occur in the
description or pricing of products or services offered on the
site. The Corporation may cancel any transaction if any such
error occurs, notwithstanding any confirmation of an order or
acceptance of payment.
Any supply of goods or services by the Corporation is subject to
any express written warranties offered by the Corporation or a
third party. Subject to any non-excludable rights, all other
express and implied warranties relating to such goods and
services are hereby excluded and the provisions of the above
clause (liability arising from use of the site) apply.
Governing law
The site is administered by the Corporation from offices in
Melbourne and Sydney, Australia. These conditions and your use
of the site and any disputes between you and the Corporation
shall be governed by and construed in accordance with the laws
of the State of Victoria and State of New South Wales, without
giving effect to any principles of conflicts of law.
Any legal proceedings arising out of or in connection with the
use of the site must be commenced in the appropriate court in
the State of Victoria or the State of New South Wales.
You are solely responsible for ensuring that your use of the
site is not prohibited and complies with your local laws.
Severance
If any provision of these conditions is unlawful, void or for
any reason unenforceable, then that provision shall be deemed
severed from these conditions and shall not affect the validity
and enforceability of any remaining provisions.
Changes to conditions, site content or access
The Corporation may revise these conditions at any time by
updating this web page. You are bound by such revisions and
should therefore regularly revisit this page to review the then
current conditions by which you are bound. Your continued use of
the site after a revision of these conditions evidences your
acceptance of that revision.
The Corporation may modify the content, nature or accessibility
of the site as and when it sees fit. These conditions will
continue to apply even if you cease to be permitted or able to
use the site.
Definitions
“Corporation” means Australian Alliance of Quality Celebrants (AAQC)
and includes its officers, employees, agents, contractors and
contributors of content.
“Non-excludable rights” means any conditions, warranties, rights
or remedies which you may have pursuant to the Trade Practices
Act 1974 or other legislation to the extent that those rights
and remedies can not be excluded by agreement;
“Site” means any part of this and any other web site operated by
or on behalf of the Corporation;
“Use" includes access or use or attempted access or use of any
part of the site;
“You” means any person who uses the site.
|
|