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Terms and Conditions
In using this website you are deemed to
have read and agreed to the following terms and conditions:
The following terminology applies
to these Terms and Conditions, Privacy Statement and Disclaimer Notice and
any or all Agreements: "Client", “You” and “Your” refers to you,
the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the process of
our assistance to the Client in the most appropriate manner, whether by
formal meetings of a fixed duration, or any other means, for the express
purpose of meeting the Client’s needs in respect of provision of the Company’s
stated services/products, in accordance with and subject to, prevailing English
Law. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Confidentiality
We are registered under the Data Protection
Act 1998 and as such, any information concerning the Client and their respective
Client Records may be passed to third parties. However, Client records are
regarded as confidential and therefore will not be divulged to any third party,
other than our suppliers and if legally required to do so to the appropriate
authorities. Clients have the right to request sight of, and copies of any and
all Client Records we keep, on the proviso that we are given reasonable notice
of such a request. Clients are requested to retain copies of any literature
issued in relation to the provision of our services. Where appropriate, we
shall issue Client’s with appropriate written information, handouts or copies
of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your
personal information to any third party or use your e-mail address for
unsolicited mail. Any emails sent by this Company will only be in connection
with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, this Company:
excludes all representations and warranties
relating to this website and its contents or which is or may be provided by any
affiliates or any other third party, including in relation to any inaccuracies
or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising
out of or in connection with your use of this website. This includes, without
limitation, direct loss, loss of business or profits (whether or not the loss
of such profits was foreseeable, arose in the normal course of things or you
have advised this Company of the possibility of such potential loss), damage
caused to your computer, computer software, systems and programs and the data
thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude
liability for death or personal injury caused by its negligence. The above
exclusions and limitations apply only to the extent permitted by law. None of
your statutory rights as a consumer are affected.
Termination of Agreements and Refunds Policy Both the Client and ourselves have the
right to terminate any Services Agreement for any reason, including the ending
of services that are already underway. No refunds shall be offered, where a
Service is deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in respect of the
provision of unused Services, shall be refunded.
Availability
You are solely responsible for evaluating the fitness for a particular purpose
of any downloads, programs and text available through this site. Redistribution
or republication of any part of this site or its content is prohibited, including
such by framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the service
from this site will be uninterrupted, timely or error free, although it is
provided to the best ability. By using this service you thereby indemnify this
Company, its employees, agents and affiliates against any loss or damage, in
whatever manner, howsoever caused.
Log
Files
We use IP addresses to analyse trends, administer the site, track user’s movement,
and gather broad demographic information for aggregate use. IP addresses are
not linked to personally identifiable information. Additionally, for systems
administration, detecting usage patterns and troubleshooting purposes, our web
servers automatically log standard access information including browser type,
access times/open mail, URL requested, and referral URL. This information is
not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to
enable us to retrieve user details for each visit. Cookies are used in some
areas of our site to enable the functionality of this area and ease of use for
those people visiting. Some of our affiliate partners may also use cookies.
Links
to this website
You may not create a link to any page of this website without our prior written
consent. If you do create a link to a page of this website you do so at your
own risk and the exclusions and limitations set out above will apply to your
use of this website by linking to it.
Links
from this website
We do not monitor or review the content of other party’s websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Copyright
Notice
Copyright and other relevant intellectual property rights exists on all text
relating to the Company’s services and the full content of this website. Communication
We have several different e-mail addresses for different queries. These, &
other contact information, can be found on our Contact Us link on our website
or via Company literature or via the Company’s stated telephone, facsimile or
mobile telephone numbers. This company is in Australia
Force Majeure Neither party shall be liable to the other
for any failure to perform any obligation under any Agreement which is due to
an event beyond the control of such party including but not limited to any Act
of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest,
act of civil or military authority, uprising, earthquake, flood or any other
natural or man made eventuality outside of our control, which causes the termination
of an agreement or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform the other
Party of the same and shall use all reasonable endeavours to comply with the
terms and conditions of any Agreement contained herein.
Waiver Failure of either Party to insist upon
strict performance of any provision of this or any Agreement or the failure of
either Party to exercise any right or remedy to which it, he or they are
entitled hereunder shall not constitute a waiver thereof and shall not cause a
diminution of the obligations under this or any Agreement. No waiver of any of
the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General The laws of Australia govern these terms
and conditions. By accessing this website and using our services/buying our
products you consent to these terms and conditions and to the exclusive
jurisdiction of the Australian courts in all disputes arising out of such
access. If any of these terms are deemed invalid or unenforceable for any
reason (including, but not limited to the exclusions and limitations set out
above), then the invalid or unenforceable provision will be severed from these
terms and the remaining terms will continue to apply. Failure of the Company to
enforce any of the provisions set out in these Terms and Conditions and any
Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of
these Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented except in
writing and signed by duly authorised representatives of the Company.
Notification of Changes The Company reserves the right to change
these conditions from time to time as it sees fit and your continued use of the
site will signify your acceptance of any adjustment to these terms. If there
are any changes to our privacy policy, we will announce that these changes have
been made on our home page and on other key pages on our site. If there are any
changes in how we use our site customers’ Personally Identifiable Information,
notification by e-mail or postal mail will be made to those affected by this
change. Any changes to our privacy policy will be posted on our web site 30
days prior to these changes taking place. You are therefore advised to re-read
this statement on a regular basis
These terms and conditions form part of the
Agreement between the Client and ourselves. Your accessing of this website
and/or undertaking of a booking or Agreement indicates your understanding,
agreement to and acceptance, of the Disclaimer Notice and the full Terms and
Conditions contained herein. Your statutory Consumer Rights are
unaffected.
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